NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hughes v Advanced Metal Door Frames Pty Ltd [2013] NSWIRComm 2 Hearing dates: 29/08/2012 Decision date: 31 January 2013 Before: Backman J Decision: In IRC 1908 of 2011, the Court makes the following orders: (1) Advanced Metal Door Frames Pty Ltd (AMDF) is convicted of the offence and fined $90,000 with a moiety to the prosecutor. (2) AMDF is to pay the reasonable costs and disbursements of the prosecutor under s 257B of the Criminal Procedure Act 1986 in a sum as agreed or as assessed. In IRC 1909 of 2011, the Court makes the following orders: (1) Terrence Michael Frendo (Mr Frendo) is convicted of the offence and fined $9,000 with a moiety to the prosecutor. (2) Mr Frendo is to pay the reasonable costs and disbursements of the prosecutor under s 257B of the Criminal Procedure Act 1986 in a sum as agreed or as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 - pleas of guilty - employee injured while operating an unguarded press - systems of work for the operation of the press informal and undocumented at time of accident - no safe systems in place to ensure safety devices on the press were adequately maintained, properly aligned, tested and operational - disputed facts considered - objective factors considered - subjective factors considered - orders Legislation Cited: Criminal Procedure Act 1986 Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Inspector Lai v Rexma Pty Ltd and Another [2008] NSWIRComm 78; (2008) 172 IR 210 Morrison v Powercoal Pty Ltd [2003] NSWIRComm 416; (2003) 130 IR 364 Category: Principal judgment Parties: Inspector Brian Hughes (Prosecutor) Advanced Metal Door Frames Pty Ltd (ACN 076 510 060) (Defendant) Terrence Michael Frendo (Defendant) Representation: Mr C Magee of counsel (Prosecutor) Criminal Law Practice Legal Group WorkCover Authority of New South Wales (Prosecutor) Mr J Gooley (Defendants) File Number(s): IRC 1908 of 2011 IRC 1909 of 2011
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