NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Diona Pty Ltd v SafeWork NSW [2024] NSWIRComm 1068 Hearing dates: 17 October 2023, 24 November 2023, 3 April 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: Orders that: (1) The external review is upheld. (2) The internal review decision made by the SafeWork reviewer on 19 October 2022 is revoked. (3) The decision to issue Improvement Notice No. 7-427418 on 4 October 2022 is revoked. Catchwords: WORK HEALTH AND SAFETY – Improvement Notice issued by inspector – application for external review of decision made on internal review – whether there were facts which could found a reasonable belief that a contravention has occurred – whether reasonable inquiries made – external review upheld Legislation Cited: Work Health and Safety Act 2011, ss 3, 13-19, 191, 192, 223-227, 229 Work Health and Safety Regulation 2017, rr 289, 291, 293, 299-302 Cases Cited: George v Rockett (1990) 170 CLR 104 Growthbuilt Pty Ltd v SafeWork NSW [2018) NSWIRComm 1002 SafeWork NSW v Lipman Pty Ltd [2023] NSWIRCOMM 1034 Somerville v Chief Executive of Office of Environment and Heritage [2020] NSWCA 93 Category: Principal judgment Parties: Diona Pty Ltd (Applicant) SafeWork NSW (Respondent) Representation: Counsel: Mr C Magee (Applicant) Mr M Moir (Respondent)
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