SafeWork NSW v Qantas Ground Services Pty Ltd [2022] NSWDC 540

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Qantas Ground Services Pty Ltd [2022] NSWDC 540 Hearing dates: 3 November 2022 Date of orders: 8 November 2022 Decision date: 08 November 2022 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In matters: 2021/284149, 2021/284164, 2021/284172, 2021/284183 (1) Dismiss the Notice of Motion filed by the defendant on 14 October 2022. (2) Order the defendant to pay the prosecutor's costs of the Notice of Motion. Catchwords: CRIMINAL PROCEDURE – application for stay of proceedings until prosecutor elects whether it will withdraw two of the summonses – where summonses plead different dominant reasons for the same conduct – what are the elements of each offence – what evidence would be sufficient to procure a legal conviction – what must be proved to establish commission of each of the offences – whether charges can be brought in the alternative Legislation Cited: Criminal Procedure Act 1986 (NSW), s 247H Work Health and Safety Act 2011 (NSW), ss 85, 104, 105, 106, 110 Cases Cited: Commissioner of Taxation (Cth) v Pratt Holdings Pty Ltd [2005] 225 ALR 226 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Qantas Ground Services Pty Ltd (Defendant) Representation: Counsel: P McDonald SC with M Moir (Prosecutor) B Hodgkinson SC with B Rauf (Defendant)

Solicitors: Department of Customer Service (Prosecutor) Ashurst (Defendant) File Number(s): 2021/284149, 2021/284164, 2021/284172, 2021/284183