Inspector Steven Nikolovski v Alex Avi Lankry [2011] NSWIRComm 34

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Steven Nikolovski v Alex Avi Lankry [2011] NSWIRComm 34 Hearing dates: 9 November 201011 February 201124 March 2011 Decision date: 31 March 2011 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: (1) The defendant's Notice of Motion in Matter Numbers IRC 1848 and 1849 of 2008 is dismissed. (2) The application made to withdraw the plea of guilty in Matter Number IRC 1847 of 2008 is dismissed. (3) Costs are reserved. (4) Matter Numbers IRC 1847 and 1848 of 2008 are set down for a directions hearing at 9.30am on Thursday, 7 April 2011. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - applications to withdraw pleas of guilty to two charges under s 8(2) by virtue of s 26(1) and s 10(1) by virtue of s 26(1) of the Occupational Health and Safety Act 2000 - whether charges disclose offences known to the law - whether defendant provided instructions to his solicitor to enter the pleas of guilty - whether charges identify the risk - whether charges fail to identify the acts or omissions and the measures not taken - Held: both charges are valid and Court has jurisdiction to hear and determine the proceedings - further particulars should be provided - role of the supporting affidavits - whether defendant gave instructions to enter pleas of guilty - Held: defendant gave instructions in the exercise of a free choice to enter pleas of guilty on his behalf - applications dismissed - costs reserved Legislation Cited: Crimes Act 1990 Criminal Procedure Act 1986 Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Supreme Court (Summary Jurisdiction) Act 1967 Cases Cited: Doja v R [2009] NSWCCA 303; (2009) 198 A Crim R 349 Inspector Colin Fraser v Rocco Natoli [2010] NSWIRComm 180 Inspector Hamilton v John Holland Pty Ltd [2010] NSWIRComm 72; (2010) 194 IR 189 John Holland Pty Ltd v Industrial Court of New South Wales; Parsons Brinckerhoff (Australia) Pty Ltd v Industrial Court of New South Wales [2010] NSWCCA 338 John L Pty Limited v Attorney-General (NSW) (1987) 163 CLR 508 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Morrison v Chevalley [2010] NSWIRComm 116; (2010) 198 IR 30 Rockdale Beef Pty Limited v Industrial Relations Commission of NSW [2007] NSWCA 128; (2007) 165 IR 7 Stanton v Abernathy (1990) 19 NSWLR 656 Woods v R (2008) 184 A Crim R 108 WorkCover Authority of New South Wales (Inspector Page) v RGM Building Services Pty Limited [2000] NSWIRComm 27; (2000) 97 IR 51 Category: Interlocutory applications Parties: Inspector Steven Nikolovski (Prosecutor) Alex Avi Lankry (Defendant) Representation: Mr C Magee (Prosecutor) Mr D O'Connor (Direct Access) (Defendant) WorkCover Authority of NSW (Prosecutor) File Number(s): IRC 1847 of 2008 IRC 1848 of 2008