Inspector Charles v Wollondilly Mobile Engineering Pty Ltd [2010] NSWIRComm 187
On the evidence, the defendant was an employer responsible for work creating risks of fire and explosion, failed to implement safety procedures and risk controls, and had not established any statutory defence; offences under s 8(1) and s 8(2) proven beyond reasonable doubt.
- Parties
- Prosecutor: Inspector Steve Charles; Defendant: Wollondilly Mobile Engineering Pty Ltd (In Liq)
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2010
- Procedural Posture
- Prosecution / Verdict; Directions Hearing Listed
- Outcome
- Offences proven; directions hearing listed.
- Legal Topics
- Employer Duties, Workplace Risk Assessment, Hot Work Safety, Statutory Defences, Company Liquidation
Case Brief
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Parties
Inspector Steve Charles
Prosecutor
Wollondilly Mobile Engineering Pty Ltd (In Liq)
Defendant
Procedural Posture
Prosecution / Verdict; Directions Hearing Listed
Legal Issues
- 1 Did Wollondilly Mobile Engineering Pty Ltd contravene s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 regarding employee and non-employee safety?
- 2 Were statutory defences under s 28 of the Occupational Health and Safety Act 2000 available?
Ratio Decidendi
On the evidence, the defendant was an employer responsible for work creating risks of fire and explosion, failed to implement safety procedures and risk controls, and had not established any statutory defence; offences under s 8(1) and s 8(2) proven beyond reasonable doubt.
Court Disposition
Offences proven; directions hearing listed.
Orders
- Matter listed for directions hearing at 9.30 am on Wednesday 22 December 2010.
Full Case Text
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