NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Richard Mulder v Axis Metal Roofing Pty Ltd [2008] NSWIRComm 28
Prosecutor: PARTIES: Inspector Richard Mulder Defendant: Axis Metal Roofing Pty Ltd
FILE NUMBER(S): IRC1086 of 2006
CORAM: Kavanagh J
CATCHWORDS: Charge under s8(1) of the Occupational Health and Safety Act (2000) against employer - plea of guilty - construction site - employers failure to ensure penetrations were safely covered - inspections conducted but failed to identify on-going risk - foreseeable risk to safety - contribution of third parties - apprentice not warned of known risk - risk of fall became reality - subjective features - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector James Swee Ch'ng) (1999) 90 IR 464 CASES CITED: Markarian v R (2005) 215 ALR 213 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of New South Wales (Inspector Carmody) v Consolidated Constructions Pty Ltd (2001) 109 IR 316
HEARING DATES: 29/11/07
DATE OF JUDGMENT: 17 March 2008
Prosecutor: Mr R. Reitano of counsel Solicitors: Mr H. Bell WorkCover Authority of NSW LEGAL REPRESENTATIVES: Defendant: Mr P.M. Strickland SC with Mr Martin Walsh of counsel Solicitors: Mr P. Snelgrove Snelgroves
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate