NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Daniel Beavon v Conditionaire International Pty Ltd [2006] NSWIRComm 246
PROSECUTOR: Inspector Daniel Beavon PARTIES: DEFENDANT: Conditionaire International Pty Ltd
FILE NUMBER(S): IRC 5888 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - plea of guilty - casual employment of 16 year old youth - general cleaning duties and assisting tradesmen including operation of machines - work performed on machine press - lack of effective guarding - inadequate supervision and training - inadequate risk assessment - lack of documented safe working method for operation of press - youth loses tips of three fingers while operating press - serious breach - remedial steps easily taken - machine properly guarded after accident - general and specific deterrence considered - substantial subjective factors - defendant long term engaged in hazardous industry without prior convictions - early plea entered - penalty imposed
HEARING DATES: 28/07/2006 EXTEMPORE JUDGMENT DATE: 07/28/2006
PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Moray & Agnew
LEGAL REPRESENTATIVES:
DEFENDANT: Ms P McDonald of counsel SOLICITORS: Carroll & O'Dea
JUDGMENT:
- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Haylen J 28 July 2006
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