Inspector Ross Wolf v Rockdale Beef Pty Limited [2005] NSWIRComm 169

Industrial Relations Commission of New South Wales in Court Session

CITATION: Inspector Ross Wolf v Rockdale Beef Pty Limited [2005] NSWIRComm 169

PROSECUTOR: Inspector Ross Wolf

PARTIES: DEFENDANT: Rockdale Beef Pty Limited ACN 003 789 991

FILE NUMBER(S): IRC 6128 of 2003

CORAM: Schmidt J

Occupational Health and Safety - prosecution under section 8(2) of the Occupational Health and Safety Act 2000 - injury sustained whilst operating a machine at an abattoir - notice of motion seeking permanent stay of proceedings during prosecution case - abuse of process - pre-trial abuse and abuse at trial - proper identity of defendant at issue - whether there was a prima facie case when the prosecution was launched - alleged abuse of section 62 power - construction of section 62 - abuse in the investigation - abuse at the trial - prosecution case agency irrelevant - matter for defendant to tender evidence establishing it is not the employer, and that the undertaking and place of work, are not its but that of its disclosed principal - prosecutor's obligations, including obligation to fairly put relevant material before Court - defences considered - abuse found - abuse not amenable to remedy by steps available to Court - stay must issue CATCHWORDS: Practice and Procedure - motion seeking stay of proceedings - abuse of process

Clean Waters Act 1979 Criminal Procedure Act 1986 Evidence Act 1995 Occupational Health and Safety Act 2000 LEGISLATION CITED: Interpretation Act 1987 Partnership Act 1892 Scaffolding and Lifts Act 1912