SafeWork NSW v JBS Australia Pty Ltd [2023] NSWDC 116

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v JBS Australia Pty Ltd [2023] NSWDC 116 Hearing dates: 19 April 2023 Date of orders: 26 April 2023 Decision date: 26 April 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Dismiss the prosecutor's Notice of Motion filed on 30 November 2022. (2) Order the prosecutor to pay the defendant's costs of that Notice of Motion. Catchwords: CRIMINAL PROCEDURE – Summary proceedings – Preliminary disclosure – Prosecutor seeks an order requiring defendant to give notice of objections to admissibility of evidence and basis of objections in response to prosecutor's notice – Whether "interests of justice" are served by order – Purpose of preliminary discovery is to reduce delay in proceedings – Error to take into account matters of general application rather than matters specific to a particular case Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 247A, 247B, 247E, 247F, 247G, 247H, 247I, 247K Work Health and Safety Act 2011 (NSW), ss 7, 19, 32, 155 Cases Cited: Environment Protection Authority v Eastern Creek Operations Pty Ltd (No. 2) [2021] NSWLEC 39 Herron v The Attorney General for NSW (1987) 8 NSWLR 601 Pambula District Hospital v Herriman (1988) 14 NSWLR 387 Poletti Corporation Pty Ltd v SafeWork NSW [2020] NSWCCA 243 Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Texts Cited: Agreement in Principle Speech to the Criminal Procedure Amendment (Summary Proceedings Case Management) Bill 2011 (NSW) District Court Criminal Practice Note 16 - Work Health and Safety Prosecutions Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) JBS Australia Pty Ltd (Defendant) Representation: Counsel: J Agius SC with N Read (Prosecutor) A Moses SC with P Sharp (Defendant)