SafeWork NSW v Qantas Ground Services Ltd (No. 2) [2023] NSWDC 146

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Qantas Ground Services Ltd (No. 2) [2023] NSWDC 146 Hearing dates: 12 April 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Dismiss the application dated 1 February 2023 brought by the defendant. (2) Reserve the costs of the application. Catchwords: CRIMINAL PROCEDURE — application for stay of proceedings unless prosecutor elects to withdraw two of the four summonses — application made after commencement of trial — summonses plead a different dominant reason for same conduct — alternative charges — whether presumption under s 110(2) of the Work Health and Safety Act 2011 (NSW) has arisen — whether unfair to defendant — autrefois acquit Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 247V, 247W, 257B District Court Rules 1973 (NSW), r 10, Pt 53 Work Health and Safety Act 2011 (NSW), ss 85, 104, 105, 106, 110, 233 Cases Cited: SafeWork NSW v Qantas Ground Services Pty Ltd [2022] NSWDC 540 Texts Cited: Judicial Commission of NSW, Criminal Trial Courts Bench Book 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