Rodney Dale Morrison v Coal Operations Australia Limited [2004] NSWIRComm 239

Industrial Relations Commission of New South Wales in Court Session

CITATION : Rodney Dale Morrison v Coal Operations Australia Limited [2004] NSWIRComm 239 APPELLANT: Rodney Dale Morrison PARTIES : RESPONDENT: Coal Operations Australia Limited

FILE NUMBER: IRC 4952 and 4953 of 2003 CORAM: Wright J President; Boland J; Staunton J CATCHWORDS : Appeal - occupational health and safety - application for leave to appeal and appeal - reliance placed by the respondent on the ambit and construction of s33(2) of the OH&S Act as a defence to the charges before the Court - proper construction and ambit of s33(2) of the Act a matter of considerable public interest - s33(2) provides a limited exception to absolute obligation under s15(1) confined to acts or omissions expressly required or permitted - given the facts and circumstances of the particular offences there is nothing that would afford the respondents the threshold defence as contended relying on the provisions of s33(2) - regard had to specific failures as alleged by prosecutor - offences charged against the respondent found proven - section 53 defences considered - defendant failed to discharge the onus arising under s53(a) and (b) of the Act - leave to appeal granted - appeal upheld - decision acquitting the respondent set aside - proceedings to be listed before the Full Bench to make directions for the finalisation of proceedings. Coal Mines Regulation Act 1982 Coal Mines Regulation (Managers and Officials - Underground Mines) Regulation 1984 Coal Mines Regulation (Support - Underground Mines) Regulation 1984 Industrial Relations Act 1996 LEGISLATION CITED : Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000