WorkCover Authority of NSW (Inspector Maltby) v Abigroup Contractors Pty Ltd [2001] NSWIRComm 239

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of NSW (Inspector Maltby) v Abigroup Contractors Pty Ltd [2001] NSWIRComm 239 PROSECUTOR: PARTIES : WorkCover Authority of NSW (Inspector Maltby) DEFENDANT: Abigroup Contractors Pty Ltd FILE NUMBER: IRC5432-5434,5436-5438,5502,5503 of 1999 CORAM: Kavanagh J CATCHWORDS : Notices of Motion to set aside initiating Orders under the Occupational Health and Safety Act 1983 - Effect of s179(1)(2)&(3) of the Industrial Relations Act 1996 the "privative" provision - Finality of decisions of the court except in circumstances where leave to appeal is allowed - Finding as to finality of decision to issue Orders where no application made for leave to appeal - Issues such as whether action in issuing Orders an abuse of process or whether there is duplicity in Orders - Matters to be considered at trial - Finding as to undesirability of fragmenting criminal process - Finding that all issues to be heard in the trial process and determined at the appropriate time in the hearing of the Prosecutions - Notices of Motion dismissed - Privative clause s179 of the Act has the effect of protecting the Orders Occupational Health and Safety Act 1983 LEGISLATION CITED : Supreme Court (Summary Jurisdiction) Act 1967 Industrial Relations Act 1996 Nutshack Franchise Pty Limited & Ors v Smith & Anor 90 IR 355 WorkCover Authority of NSW (Insp Hopkins) v Profab Industries Pty Ltd (No. 2) (2000) 101 IR 92 New South Wales Public Medical Officers Association v Eastern Area Health Service 39 IR 211 Caltex Oil (Australia) Pty Limited v Feenan [1981] NSWLR 724 CASES CITED : Houssein v The Under Secretary, Department of Industrial Relations and Technology NSW & Anor 148 CLR 88 Yates v Wilson & Ors 168 CLR 338 Woolworths Limited v Hawke & Ors (1998) 45 NSWLR 13