Inspector Mansell v Robert Josef [2003] NSWIRComm 376

Inspector Mansell v Robert Josef [2003] NSWIRComm 376

Robert Josef, as Director supervising the work, knew of the dangerous activity and failed to ensure health and safety, with statutory defences unavailable, thus is guilty as charged under s50(1) of the Occupational Health and Safety Act 1983.

Jurisdiction
Australia
Judgment Date
30 October 2003
Procedural Posture
Prosecution / Verdict
Outcome
convicted
Legal Topics
['occupational Health and Safety' 'director Liability']
['industrial Law'] ['occupational Health and Safety' 'director Liability']

Case Brief

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Procedural Posture

Prosecution / Verdict

Legal Issues

  1. 1 ['Whether Robert Josef, as Director concerned in the management, failed to ensure health, safety, and welfare of employees under s15(1) of Occupational Health and Safety Act 1983' 'Whether the company contravened s16(1) of the Act and whether Josef is guilty under s50(1)']

Ratio Decidendi

Robert Josef, as Director supervising the work, knew of the dangerous activity and failed to ensure health and safety, with statutory defences unavailable, thus is guilty as charged under s50(1) of the Occupational Health and Safety Act 1983.

Court Disposition

convicted

Orders

  • ['Robert Josef convicted of offence under s50(1) of Occupational Health and Safety Act 1983 (charge 5486 of 1999)' 'Robert Josef guilty as charged under s50(1) in relation to contravention of s16(1) (charge 5487 of 1999)']