WorkCover Authority of New South Wales (Inspector Kenneth George Martin) v Edmond Hubert Kuipers and Civil Services Pty Ltd [2004] NSWIRComm 393

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Kenneth George Martin) v Edmond Hubert Kuipers and Civil Services Pty Ltd [2004] NSWIRComm 393 PROSECUTOR: WorkCover Authority of New South Wales

PARTIES : DEFENDANT: Edmond Hubert Kuipers (IRC 6517 of 2003 and IRC 6519 of 2003)

Civil Services Pty Ltd (IRC 6518 of 2003) FILE NUMBER: 6517, 6518, 6519 of 2003 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecutions under sections 8(2), 9 and 26 - Occupational Health and Safety Act 2000 - non-employee fatally injured - construction of carport/shed at personal defendant's residence - no prima facie case submission - interpretation of "self-employed person" - no evidence personal defendant working as an employee or self-employed person - no evidence risk arose at corporte defendant's place of work or from its undertaking - defendants have no case to answer - no prima facie case submission upheld - charges dismissed Evidence Act 1995 LEGISLATION CITED : Interpretation Act 1987 Occupational Health and Safety Act 2000 Canberra Stereo Public Radio Inc v Australian Broadcasting Tribunal and Anor (1984) 6 FCR 456 Director of Public Prosecutions Reference No 1 of 1988 (1989) 40 ACrimR 461 May v O'Sullivan (1955) 92 CLR 654 Morais v The Minister for Immigration, Local Government and Ethnnic Affairs (1995) 54 FCR 498 CASES CITED : Morrison v Powercoal Pty Ltd & Anor [2004] NSWIRComm 297 O'Sullivan v Crown in Right of NSW (Department of Education and Training) (2003) 125 IR 361 Re Riverton Sheep Dip [1943] SASR 343 Syndicate Club Pty Ltd v Queensland (unreported, Supreme Court of Queensland, Philippides J, 30 April 2003) Trzesinski v Daire (1986) 21 ACrimR 247 WorkCover Authority of New South Wales v Police Service of New South Wales (No 2) (2001) 104 IR 268 HEARING DATES: 11/29/2004; 11/30/2004; 12/01/2004 DATE OF JUDGMENT: 12/16/2004