Inspector Chadwick v Ernest Mitchell [2004] NSWIRComm 62

Inspector Chadwick v Ernest Mitchell [2004] NSWIRComm 62

Although the Unanderra site could be regarded as the defendant's place of work and he conducted at least a limited undertaking connected with assisting the architect and preparing the scope of works, the prosecution did not prove beyond reasonable doubt that his undertaking was to coordinate the works as project manager with responsibility for site protection, safety requirements and subcontractors. The risk to Mr Scott from painting the roof was not shown to arise from the undertaking alleged against the defendant, so the charge under s 16(2) was not made out.

Jurisdiction
Australia
Judgment Date
19 March 2004
Procedural Posture
Prosecution Under Section 16(2) of the Occupational Health and Safety Act 1983 / Judgment After Plea of Not Guilty
Outcome
Charge dismissed
Legal Topics
['self Employed Person Duty' 'construction Industry Safety' 'fall From Roof' 'project Manager Responsibility' 'risks to Persons Not Employed by Defendant']
['occupational Health and Safety'] ['self Employed Person Duty' 'construction Industry Safety' 'fall From Roof' 'project Manager Responsibility' 'risks to Persons Not Employed by Defendant']

Case Brief

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Procedural Posture

Prosecution Under Section 16(2) of the Occupational Health and Safety Act 1983 / Judgment After Plea of Not Guilty

Legal Issues

  1. 1 ["Whether Jack Robert Scott was exposed to risks to his health and safety arising from the conduct of the defendant's undertaking while at the defendant's place of work." 'Whether the defendant was conducting an undertaking at the Unanderra site as a project manager with responsibility to coordinate with Denbur, protect the site, meet safety requirements and organise subcontractors.' 'Whether the prosecution proved beyond reasonable doubt the charge under s 16(2) of the Occupational Health and Safety Act 1983.']

Ratio Decidendi

Although the Unanderra site could be regarded as the defendant's place of work and he conducted at least a limited undertaking connected with assisting the architect and preparing the scope of works, the prosecution did not prove beyond reasonable doubt that his undertaking was to coordinate the works as project manager with responsibility for site protection, safety requirements and subcontractors. The risk to Mr Scott from painting the roof was not shown to arise from the undertaking alleged against the defendant, so the charge under s 16(2) was not made out.

Court Disposition

Charge dismissed

Orders

  • ['The charge is dismissed.']