NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Cooper v Allied Industrial Engineering Limited [Company No. 624453] [2011] NSWIRComm 131 Hearing dates: 7 June 2011 Decision date: 29 September 2011 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: (1) Allied Industrial Engineering Ltd (AIE) is convicted of the offence and fined $90,000 with a moiety to the prosecutor. (2) AIE is to pay the reasonable costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - offence under s 8(2) of the Occupational Health and Safety Act 2000 - plea of guilty - risk of falling through an open void in scaffolding - injured worker fell 12-14 metres through the void - objective factors considered - subjective factors considered - AIE's culpability by reference to other parties prosecuted in relation to the incident and other parties not prosecuted in relation to the incident considered - orders - penalty imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Category: Principal judgment Parties: Inspector Stephen Cooper (Prosecutor) Allied Industrial Engineering Limited [Company No. 624453] (Defendant) Representation: Mr C Magee of counsel (Prosecutor) Ms W Thompson of counsel (Defendant) Criminal Legal Practice Legal Group WorkCover Authority of New South Wales (Prosecutor) Ai Group Legal Pty Ltd (Defendant) File Number(s): IRC 456 of 2010
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