Inspector Steven Jones v State of New South Wales (Department of Public Works and Services) [2001] NSWIRComm 321

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Steven Jones v State of New South Wales (Department of Public Works and Services) [2001] NSWIRComm 321 PROSECUTOR Inspector Steven Jones (WorkCover Authority of New South Wales)

PARTIES : DEFENDANT State of New South Wales (Department of Public Works and Services)

AMICUS CURIAE Attorney General for New South Wales FILE NUMBER: IRC 2097 of 2000 CORAM: Wright J President; Walton J Vice-President; Hungerford J Occupational health and safety - Crown - Whether Crown department liable to prosecution under the OH & S Act - Whether an "employer" within the meaning of the OH & S Act - Application by notice of motion to dismiss prosecution against government department - Reference of questions of law to Full Bench - No longer utility in Full Bench answering questions of law - No jurisdictional impediment to Court hearing and determining charges laid - Questions remitted to single judge to deal with notice of motion. CATCHWORDS : Crown - Occupational health and safety - Whether Crown department liable to prosecution under the OH & S Act - Whether an "employer" within the meaning of the OH & S Act - Application by notice of motion to dismiss prosecution against government department - Reference of questions of law to Full Bench - No longer utility in Full Bench answering questions of law - No jurisdictional impediment to Court hearing and determining charges laid - Questions remitted to single judge to deal with notice of motion. LEGISLATION CITED : Occupational Health and Safety Act 1983 HEARING DATES: 11/20/2001 EXTEMPORE JUDGMENT DATE : 11/20/2001