NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Inspector Nash v Bulga Underground Operations Pty Ltd [2014] NSWDC 186 Hearing dates: 26-30/05/2014; 2,4,5,6,10,11,12,23,24/06/2014; 05/09/2014; 27/10/2014 Decision date: 05 November 2014 Jurisdiction: Criminal Before: Curtis J Decision: I find the defendant guilty as charged The defendant is convicted Catchwords: OCCUPATIONAL HEALTH AND SAFETY - coal mine workplace accident - worker crushed between the toe of an automatically advancing roof support and the sides of the continuous armoured face conveyer - high risk of being crushed by powered roof support as they automatically advance towards the coalface - slipping and falling in the walkway - being struck by fly rock when dislodged from the Shearer - whether preventative measures taken by the mine were sufficient - whether prosecution has proved beyond reasonable doubt that the preventative measures pleaded would have eliminated the risk - whether activating tilt switches in remote control units for Shearers necessary - previous incident known to the defendant - forseeable risk of injury Legislation Cited: Occupational Health and Safety Act 2000 Work Health and Safety Act 2011 Cases Cited: Simpson Design Associates Proprietary Limited v Industrial Court of New South Wales [2011] NSWCA 316 The GEO Group Australia Pty Ltd t/as Junee Correctional Centre v WorkCover Authority (NSW) [2012] 150 Theiss v Industrial Court of New South Wales [2010] NSWCA 252 WorkCover v Maine Lighting Ltd (1995) 100 IR 248 Inspector Templeton v Pavese Citrius Pty Ltd [2004] NSWIR Comm 322 O'Meila v Freight Conveyors Ltd [1940] 4 All E.R. 516 Category: Principal judgment Parties: NSW Dept of Trade and Investment, Regional Infrastructure and Services (Inspector Nash) (Prosecutor) Bulga Underground Operations Pty Ltd (Defendant) Representation: J V Agius, SC with R Reitano appeared for the Prosecutor D A Buchanan, SC with M L Shume appeared for the Defendant I V Knight Crown Solicitor of NSW (Prosecutor) Sparke Helmore Lawyers (Defendant) File Number(s): 2012/126435
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