WorkCover Authority of NSW (Inspector Farrell) v Ross Colin Morrison [2001] NSWIRComm 325

WorkCover Authority of NSW (Inspector Farrell) v Ross Colin Morrison [2001] NSWIRComm 325

The defendant failed to take any steps to ensure the pool remained covered or fenced after becoming aware of its exposure; it was reasonably practicable for the defendant to take such steps; the defendant's undertaking and place of work continued until completion of obligations under contract; no sufficient defence established under s53; offence proven under s16(2) Occupational Health and Safety Act 1983.

Jurisdiction
Australia
Judgment Date
19 December 2001
Procedural Posture
Prosecution / Judgment on Liability
Outcome
offence proven; defendant found guilty under s16(2) Occupational Health and Safety Act 1983
Legal Topics
['failure to Ensure Safety' 'self Employed Person Duties' 'workplace Risks' 'child Drowning' 'responsibility for Risk Mitigation' 'defences Under OHS Act S53']
['occupational Health and Safety' 'industrial Law'] ['failure to Ensure Safety' 'self Employed Person Duties' 'workplace Risks' 'child Drowning' 'responsibility for Risk Mitigation' 'defences Under OHS Act S53']

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Procedural Posture

Prosecution / Judgment on Liability

Legal Issues

  1. 1 ['Whether the defendant, a self-employed pool builder, failed to ensure persons not in his employment were not exposed to risks to health and safety at his place of work' "Whether the risk arose from the defendant's undertaking" 'Whether defence established under s53 Occupational Health and Safety Act 1983']

Ratio Decidendi

The defendant failed to take any steps to ensure the pool remained covered or fenced after becoming aware of its exposure; it was reasonably practicable for the defendant to take such steps; the defendant's undertaking and place of work continued until completion of obligations under contract; no sufficient defence established under s53; offence proven under s16(2) Occupational Health and Safety Act 1983.

Court Disposition

offence proven; defendant found guilty under s16(2) Occupational Health and Safety Act 1983

Orders

  • []