NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Walker v Earthquake Promotions Pty Ltd [2013] NSWIRComm 56 Hearing dates: 20 June 2013 Decision date: 28 June 2013 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: (1) The plea of guilty entered on the 7 June 2012 by Clay Gill to the charge of contravening s 8(2) of the Occupational Health and Safety Act 2000 pursuant to s 26 of that Act in the Application for Order in Matter No IRC1918 of 2011 filed on 21 December 2011 is vacated. (2) The plea of guilty entered on the 7 June 2012 by Earthquake Promotions Pty Limited to the charge of contravening s 8(2) of the Occupational Health and Safety Act 2000 in the Application for Order in Matter No IRC1917 of 2011 filed on 21 December 2011 is vacated. (3) Costs are reserved. (4) The matters are listed for directions before Boland J, President at 9.30am on Thursday 11 July 2013. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Prosecution for breach of s 8(2) of Occupational Health and Safety Act 2000 - Original plea of guilty entered - Defendants filed Notice of Motion seeking to vacate pleas of guilty - Valid questions arise about the guilt of the applicants - Leave granted to applicants to withdraw the guilty pleas. Legislation Cited: Criminal Procedure Act 2009 (Vic) Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Cases Cited: Hunter Quarries Pty Limited v Morrison [2013] NSWIRComm 49 Category: Interlocutory applications Parties: Earthquake Promotions Pty Ltd (First Applicant on the Notice of Motion) Mr Clay Gill (Second Applicant on the Notice of Motion) WorkCover Authority of New South Wales (Inspector Walker) (Respondent on the Notice of Motion) Representation: Mr C Magee of Counsel (For the Respondent on the Notice of Motion) A Ace Solicitors (For the First and Second Applicants on the Notice of Motion) WorkCover Authority of New South Wales (Respondent on the Notice of Motion) File Number(s): IRC 1917 and 1918 of 2011
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