SafeWork NSW v Mark Duffin [2023] NSWDC 272

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Mark Duffin [2023] NSWDC 272 Hearing dates: 13 July 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Grant leave to SafeWork NSW to tender at the trial the Expert Report of Inspector Beacham dated 30 May 2023, without prejudice to the right of Mr Duffin to take objections based upon the rules of evidence. (2) Reserve the costs of 31 May 2023 and 13 July 2023. (3) Stand the proceedings over to the Work Health and Safety list at 9.30am on 7 August 2023. Catchwords: CRIMINAL PROCEDURE – preliminary ruling – case management – whether prosecutor can tender at trial an expert report served after notice of defence response Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 247E, 247F, 247G, 247H, 247I, 247J, 247K, 247L, 257F Evidence Act 1995 (NSW), s 192A Work Health and Safety Act 2011 (NSW), 19(1), 27(1), 32 Cases Cited: Sutherland Shire Council v Benedict Industries Pty Ltd [2013] NSWLEC 121 Sutherland Shire Council v Benedict Industries Pty Ltd (No. 3) [2015] NSWLEC 97 Texts Cited: Practice Note 16 - Work Health and Safety Prosecutions Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Mark Duffin (Defendant) Representation: Counsel: J Agius SC with M Moir (Prosecutor) A Moses SC with J Alderson (Defendant)

Solicitors: Department of Customer Service (Prosecutor) Clyde & Co (Defendant) File Number(s): 2021/256605