SafeWork NSW v Western Sydney Local Health District [2023] NSWDC 279

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Western Sydney Local Health District [2023] NSWDC 279 Hearing dates: 25 July 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Until further order of the Court, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, the document entitled "Statement of Facts" attached to the Application to Commence Proceedings for a Summary Offence on the Court file in this matter (the Statement of Facts), is not to be provided to any media representative on the grounds that non-publication of its contents is necessary to prevent prejudice to the proper administration of justice. (2) The Statement of Facts will be placed in a sealed envelope on the Court file and is not to be opened without an order of a Judge of this Court, or the Supreme Court. (3) Until further order of the Court, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, the publication of the argument on this application disclosing any matter contained in the Statement of Facts is prohibited, on the grounds that non-publication of the contents of the Statement of Facts is necessary to prevent prejudice to the proper administration of justice. Catchwords: MEDIA AND COMMUNICATIONS — Open justice — Access to court files — Application for access MEDIA AND COMMUNICATIONS — Publication — Court Suppression and Non-publication Orders Act 2010 (NSW) Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Criminal Procedure Act 1986 District Court Act 1973 Work Health and Safety Act 2011 Cases Cited: Empire Waste Pty Ltd v District Court of New South Wales [2013] NSWCA 394 John Fairfax & Sons Ltd v District Court of New South Wales (2004) 61 NSWLR 344 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 R v Elomar (No 3) [2008] NSWSC 1443 Rockdale Beef Pty Ltd v Industrial Relations Commission of New South Wales [2077] NSWCA 128 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Western Sydney Local Health District (Defendant) Representation: Counsel: B Docking (Prosecutor) B Hodgkinson SC with E Aitken (Defendant) J Whealing (Sister of one of the affected workers)