NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ross Wolf v Rockdale Beef Pty Ltd [2005] NSWIRComm 163
PROSECUTOR: Inspector Ross Wolf
PARTIES: DEFENDANT: Rockdale Beef Pty Ltd (ACN 003 789 991)
FILE NUMBER(S): IRC 6128 of 2003
CORAM: Schmidt J
Occupational Health and Safety - prosecution under section 8(2) and section 10 of the Occupational Health and Safety Act 2000 - notice of motion seeking dismissal of order - whether prosecutor failed to put relevant material before the Judge issuing order - whether there was an abuse of process - no abuse of process found - whether defendant entitled to raise these questions at this stage of proceedings - jurisdiction found - whether proceedings were brought within time - whether order failed to disclose an offence under s10 of the OHS Act - whether order breached ss30 and 31 of the OHS Act - contraventions of both section 8 and section 10 of the OHS Act being alleged - prosecution to proceed with s8 offence as charged - s10 offence dismissed CATCHWORDS:
Criminal Cases Act 1967 Criminal Procedure Act 1986 Industrial Relations Regulations 1996 Occupational Health and Safety Act 1983 LEGISLATION CITED: Occupational Health and Safety Act 2000 Occupational Health and Safety Act 1985 (VIC) Supreme Court (Summary Jurisdiction) Act 1967
ABB Power Transmission Pty Ltd v WorkCover Authority (New South Wales) (Inspector Wilson) (unreported, Fisher P, Bauer and Hungerford JJ, CT96/1215, 2 May 1997) Abigroup Contractors Pty Limited v WorkCover Authority of New South Wales (Inspector Maltby) (2001) 112 IR 139 Allerton v DPP (1991) 24 NSWLR 550 Chugg v Pacific Dunlop Limited (1990) 170 CLR 249 McGerty v Dairy Farmers Co-operative Ltd (1989) 43 A Crim R 308 Network Ten Pty Ltd v TCN Channel Nine Pty Ltd and Ors (2004) 205 ALR 1 R v Hull (1989) 16 NSWLR 385 CASES CITED: Ridge Consolidated Pty Ltd v WorkCover Authority of New South Wales (Inspector Mauger) (2000) 100 IR 156 Taylor v Environment Protection Agency (2000) 50 NSWLR 48 Vines v Djordjevitch (1955) 91 CLR 512 WorkCover Authority of New South Wales (Inspector Maltby) v Abigroup Contractors Pty Ltd (2001) 110 IR 152 WorkCover Authority of New South Wales (Inspector Penfold) v Fernz Construction Materials Ltd (1999) 91 IR 119 WorkCover Authority of New South Wales (Inspector Mansell) v TMG International Pty Ltd and Others (2002) 116 IR 128
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