Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ramsay v Menso [2018] FCAFC 55 Appeal from: Ramsay & Anor v Menso & Anor [2017] FCCA 1416
File number: QUD 345 of 2017
Judges: DOWSETT, COLLIER AND O'CALLAGHAN JJ
Date of judgment: 10 April 2018
Catchwords: INDUSTRIAL LAW – alleged breaches of ss 501 and 502 of the Fair Work Act 2009 (Cth) – where the appellants suspected contraventions of the Workplace Health and Safety Act 2011 (Qld) and sought to enter the site – where the respondents refused entry – consideration of the requirements for a notice of entry under ss 117 and 119 of the Workplace Health and Safety Act 2011 (Qld) – whether a notice of entry must be completed prior to entry – whether failure to include the permit holders' middle names invalidates a notice of entry and vitiates a right of entry
Legislation: Crimes Act 1914 (Cth) Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) Federal Circuit Court Rules 2001 (Cth) Federal Court Rules 2011 (Cth) Police Powers and Responsibilities Act 2000 (Qld) Work Health and Safety Act 2011 (Qld) Work Health and Safety (National Uniform Legislation) Act 2011 (NT) Work Health and Safety Regulations 2011 (Qld)
Cases cited: Australian Building and Construction Commissioner v Powell [2017] FCAFC 89 Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177 Dare v Pulham (1982) 148 CLR 658 Leotta v Public Transport Commission of New South Wales (1976) 50 ALJR 666 New South Wales v Corbett [2007] HCA 32 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Ramsay v Sunbuild Pty Ltd [2014] FCA 54 Date of hearing: 14 November 2017
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