Rodney Morrison v Bradley Dean Murray & Ors [2004] NSWIRComm 174

Industrial Relations Commission of New South Wales in Court Session

CITATION : Rodney Morrison v Bradley Dean Murray & Ors [2004] NSWIRComm 174 Prosecutor: Rodney Morrison Defendants: PARTIES : Bradley Dean Murray, First Defendant Michael John Barrett, Second Defendant Powercoal Pty Ltd, Third Defendant David Glen Coutts, Fourth Defendant FILE NUMBER: IRC3074, 3075, 3076 & 3077 of 2001 CORAM: Kavanagh J Occupational Health and Safety Act 1983: s48(1)(a) consent to prosecutions in writing by prescribed officer - consent to issue prosecution forms missing - whether copy documents, but not complete copies, as affirmed to by prescribed officer, persuasive as to the existence of consent documents before the issue of proceedings - submission rejected.

Whether memorandum containing approval of recommendations to prosecute by prescribed officer are written consents to institute proceedings

As to Prosecution against Powercoal: CATCHWORDS : Recommendation in memorandum as to prosecution under s15(1) and s16(1) of the OHS Act against company, Powercoal, had condition attached - a consultation process. Proceeding instituted under only s15(1) of the OHS Act - no direction as to alteration of approval - non conformity found in the circumstance.

As to Prosecutions against three individual defendants: terms of recommendation approved by prescribed officer found to be vague and so general as to be not a written consent to institute that proceeding.