Inspector Jorgensen v Daoud [2005] NSWIRComm 135

Industrial Relations Commission of New South Wales

CITATION: Inspector Jorgensen v Daoud [2005] NSWIRComm 135

PROSECUTOR Inspector Paul Jorgensen PARTIES: DEFENDANT Andrew Daoud

FILE NUMBER(S): IRC 5127 and IRC 5128 of 2003

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

Reference - Occupational health and safety - Determination of point of law purportedly relating to Court's jurisdiction - Four questions referred pursuant to s 5AE Criminal Appeal Act 1912 - Not necessary to answer all questions - Question to be answered based on one of the questions referred - Statutory interpretation - Section 26 of Occupational Health & Safety Act 2000 - Offence not created under s 26 - Offence arises under the provision contravened by the relevant corporation. CATCHWORDS: Occupational health and safety - Section 50 of Occupational Health and Safety Act 1983 - Whether different to s 26 of 2000 Act - Charges - Principles to determine validity of charges - Requirements for proper statement of offence - Essential elements of offence required - Inaccurate or incomplete statutory provision - Reference to inaccurate or incorrect statutory provision does not, of itself, invalidate charges - Charges valid notwithstanding reference to incorrect statutory provision.

Occupational Health & Safety Act 1983 s 15(1) s 50 s 53 Occupational Health & Safety Act 2000 s 8(1) s 8(2) s 9 s 10 s 11 s 12 s 26 s 28 s 105 s 106 s 108 Industrial Relations Act 1996 s 170 s 193 s 197 s 197A Criminal Appeal Act 1912 s 5AE LEGISLATION CITED: Supreme Court Act 1970 s 23 Justices Act 1902 s 65 Police Services Act 1990 s 99 Taxation Administration Act 1953 (Cth) s 8Y