Morrison v Murray [2005] NSWIRComm 142

Industrial Relations Commission of New South Wales in Court Session

CITATION: Morrison v Murray [2005] NSWIRComm 142

PROSECUTOR Rodney Morrison

DEFENDANTS PARTIES: Bradley Dean Murray Michael John Barrett Powercoal Pty Limited David Glen Coutts

FILE NUMBER(S): IRC 3074, 3075, 3076, 3077 of 2001

CORAM: Wright J President; Walton J Vice-President; Boland J

CATCHWORDS: Reference - two questions referred pursuant to s 196 Industrial Relations Act and s5AE Criminal Appeal Act - whether prosecutions commenced with requisite written consent - only necessary to answer one question - Written consent to commence prosecution - s 48 Occupational Health and Safety Act 1983 - whether internal memorandum constituted requisite written consent - particular form not required - reference to additional prosecution to that brought does not affect consent - consent given "subject to consultation" - consent not to take effect unless the Director General countermanded otherwise - further and final approval was required to be given in writing before prosecution commenced - memorandum must be read as a whole - memorandum was requisite written consent to commence prosecution against individual defendants - not necessary for prosecution against corporate defendant to proceed in order for prosecution of individual defendants - Separate written delegated authority - no question of written delegated authority arises - s48 does not require a person to be nominated to take the prosecution - matter (including costs of reference) remitted to trial judge

Industrial Relations Act 1996 s 168 196 Criminal Appeal Act 1912 s 2 5AE 5C 5F Occupational Health and Safety Act 1983 ss 15(1) 16(1) 48 50(1) LEGISLATION CITED: Occupational Health and Safety (Administration) Regulation 1992 cl 3 Occupational Health and Safety Regulation 2001 cl 357 Supreme Court (Summary Jurisdiction) Act 1967 s4(1) Public Sector Management Act 1988