NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Macready) v Fawaz El Dadoun and Ghaleb El Dadoun [2007] NSWIRComm 169
PROSECUTION: WorkCover Authority of New South Wales (Inspector Macready) PARTIES: DEFENDANTS: Fawaz El Dadoun Ghaleb El Dadoun
FILE NUMBER(S): IRC 4708 & 4709 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - pleas of not guilty - other co-defendants already dealt with - whether the offences alleged occurred as part of the defendants' undertaking and place of work - distinction between 'place of work' and 'undertaking' - factual circumstances considered - held worksite was part of ongoing undertaking of the defendants - held pursuant to subcontract agreement with co-defendants worksite was a place of work for defendants - offences proved with respect to certain particulars as pleaded - defences arising under s 28(a) and b) of the Act considered - relevant principles - held defences not established - penalty and costs to be determined.
LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000
Carrington Slipways v Callaghan (1985) 11 IR 467 Drake Personnel t/as Drake Industrial v WorkCover Authority of New South Wales (1999) 90 IR 432 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110 WorkCover Authority of New South Wales (Inspector Campbell) v James Gordon Hitchcock (2004) NSWIRComm 87 CASES CITED: WorkCover Authority of New South Wales (Inspector Farrell) v Schrader [2002] 112 IR 284 WorkCover Authority of New South Wales (Inspector Hughes) v Boral Montoro Pty Limited (Unreported) CT 1218 of 1996: 19 December 1996 WorkCover Authority of New South Wales (Inspector Keenan) v Technical and Further Education Commission (1992) 92 IR 251 WorkCover Authority of New South Wales (Inspector Macready) v Forcon Pty Limited and anor (2007) NSWIRComm 132 WorkCover Authority of New South Wales (Inspector Wilson) v Chubb Security Australia Pty Limited (2005) NSWIRComm 263
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