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Industrial law : Abigroup Contractors Pty Ltd v Newman [2008] QIC 61

journal contribution
posted on 06.12.2017, 00:00 by Kristy Richardson
INTRODUCTION: In Abigroup Contractors Pty Ltd v Newman [2008] QIC 61, Abigroup Contractors Pty Ltd (Abigroup) was appealing against the Industrial Magistrate's decision to find it guilty of breaching its workplace health and safety obligation imposed by s 28(1) of the Workplace Health and Safety Act 1995 (the Act). Abigroup argued that the Acting Industrial Magistrate had erred in finding that the workplace health and safety obligation had been breached as Abigroup had brought itself within the defences provided by s 37 of the Act. In addition to the appeal against liability, Abigroup was also appealing against the quantum of the fine imposed by the Acting Industrial Magistrate. In dismissing both appeals, President Hall in his decision, canvassed several important issues regarding prosecutions under the Act. Those issues include clarification as to the interpretation of the s 37 defences, the effect of contractual provisions in mitigating liability and when a conviction should be recorded against a corporate defendant.
CQUniversity

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Keywords

Funding

Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)

History

Volume

29

Issue

1

Start Page

13

End Page

17

Number of Pages

5

ISSN

0312-1658

Location

Australia

Publisher

Lawbook Co.

Language

en-aus

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Faculty of Arts, Business, Informatics and Education; Not affiliated to a Research Institute;

Era Eligible

Yes

Journal

Queensland lawyer.

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CQUniversity

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