Workcover v Leighton Contractors Pty Ltd and Lindores Crane & Rigging Pty Ltd [2003] NSWIRComm 422

Industrial Relations Commission of New South Wales in Court Session

CITATION : Workcover v Leighton Contractors Pty Ltd and Lindores Crane & Rigging Pty Ltd [2003] NSWIRComm 422 PROSECUTOR WorkCover Authority of New South Wales

PARTIES : DEFENDANT Leighton Contractors Pty Limited

DEFENDANT Lindores Crane and Rigging Pty Limited FILE NUMBER: IRC232, 233, 234, 235, 236, 239, 240, 241, 242, 243, 244, 245, 246, 248 of 2000 CORAM: Peterson J Occupational health and safety - Employer charged with offences arising from erection, use and collapse of crane - Employee also charged with offences arising out of same events - Claim of privilege against self-incrimination - Whether court should require witness to give particular evidence in the interests of justice - Rejection of application by prosecutor for requirement to give evidence. CATCHWORDS : Evidence - Employer charged with offences arising from erection, use and collapse of crane - Employee also charged with offences arising out of same events - Claim of privilege against self-incrimination - Whether court should require witness to give particular evidence in the interests of justice - Rejection of application by prosecutor for requirement to give evidence. LEGISLATION CITED : Evidence Act 1995 Occupational Health and Safety Act 1983 Hammond v the Commonwealth per Gibbs J (1982) 152 CLR 188 CASES CITED : WorkCover v Tsougranis [2002] NSWIRComm 282, 24 October 2002, unreported Reid v Howard (1995) 184 CLR 1 Bax Global (Australia) Pty Ltd v Evans & Ors (1999) 47 NSWLR 538 HEARING DATES: 11/21/2003 DATE OF JUDGMENT: 11/27/2003