SafeWork NSW v Snap Programs Ltd; SafeWork NSW v Department of Communities and Justice [2020] NSWDC 445

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Snap Programs Ltd; SafeWork NSW v Department of Communities and Justice [2020] NSWDC 445 Hearing dates: 23 June 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The publication of the name of the carer killed in the incident on 5 November 2017 is prohibited. (2) The carer killed in the incident on 5 November 2017 is to be referred to in the proceedings by the pseudonym "Sarah Jones" or by reference to her position "the carer". (3) The young person previously given the pseudonym RR is to be referred to by the pseudonym "James Jenkins" or as "the young person". Catchwords: CRIMINAL PROCEDURE - Suppression and Non-Publication Orders - Grounds Legislation Cited: Children (Criminal Proceedings) Act 1987 Court Suppression and Non-Publication Orders Act 2010 Work Health and Safety Act 2011 Cases Cited: AB v R (No 3) [2019] NSWCCA 46 D1 v P1 [2012] NSWCA 314 Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125 Hamzy v R [2013] NSWCCA 156 R v AB (No 1) [2018] NSWCCA 113 Rinehart v Welker [2011] NSWCA 403 Category: Procedural and other rulings Parties: SafeWork NSW (Prosecutor) Snap Programs Ltd (Defendant) Department of Communities and Justice (Defendant) Representation: Counsel: D Jordan (Prosecutor) C Magee (Snap Programs Ltd)