State of New South Wales (Department of Public Works and Services and Department of Education and Training) v WorkCover Authority of New South Wales (Inspector Page) [2000] NSWIRComm 124

Industrial Relations Commission of New South Wales in Court Session

CITATION : State of New South Wales (Department of Public Works and Services and Department of Education and Training) v WorkCover Authority of New South Wales (Inspector Page) [2000] NSWIRComm 124 revised - 02/08/2000 APPLICANT State of New South Wales (Department of Public Works and Services and Department of Education and Training) PARTIES : RESPONDENT WorkCover Authority of New South Wales (Inspector Page) FILE NUMBER: IRC 2528 of 2000 CORAM: Walton J Vice-President; Hungerford J; Boland J Practice and Procedure - Notice of motion for order to stay prosecution proceedings before a Local Court pending determination of an interlocutory appeal - Test to apply - Sufficient reason - Balance of convenience - Relevance of competency of appeal - Remedy akin to stated case and prerogative relief unavailable - Relief by way of appeal only - Possible recourse to declaratory jurisdiction - Competency of appeal doubted - Discretionary considerations - Motion dismissed. CATCHWORDS : Appeal - Against interlocutory decisions and orders of a Local Court - Prosecution for offences against occupational health and safety legislation - Stay of proceedings sought pending determination of appeal - Competency of appeal doubted - Discretionary considerations - Stay refused. Occupational Health and Safety - Prosecutions for offences before a Local Court - Interlocutory decisions - Status of defendant to exposure to two offences arising out of a single incident - Availability of privilege against self-incrimination - Appeal against interlocutory decisions - Stay sought pending determination of appeal - Test to apply - Sufficient reason - Balance of convenience - Competency of appeal doubted prior to conviction - Stay refused. Industrial Arbitration Act 1912 s 55(1) s 55(3) (repealed) Industrial Arbitration Act 1940 s 120 (repealed) Industrial Relations Act 1991 s 741 (repealed) LEGISLATION CITED : Industrial Relations Act 1996 s 154 s 188 s 190 s 197 s 197A Justices Act 1902 s 65 s 104(1) s 104(4) s 121(1) Pt 5 Pt 5A Justices Legislation Amendment (Appeals) Act 1998 cl 2.11 Sch 2 Occupational Health and Safety Act 1983 s 16 s 47(1) s 47(4) Alexander v Cambridge Credit Corporation Ltd [1985] 2 NSWLR 685 Berry v Munson [1939] AR (NSW) 142 Blue Mountains Disability Services Ltd v Stinson (1999) 92 IR 246 Byron Shire Council v WorkCover Authority of New South Wales (unreported, Fisher P, CT95/1363, 6 August 1997) Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 CASES CITED : Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Minister for Labour and Industry (NSW) v Mutual Life and Citizens' Assurance Co Ltd [1922] 30 CLR 488 Professional Officers' Association of New South Wales v New South Wales Teachers' Federation [1993] 50 IR 404 Tully v Inspector Campbell (unreported, Peterson J, CT94/1113, 17 February 1995) Water Industry Salaried Officers' Union v Professional Officers' Association of New South Wales [1987] 22 IR 178 Wilcox, Mofflin, Ltd v Pollard [1927] AR (NSW) 425 HEARING DATES: 06/06/2000 DATE OF JUDGMENT: 07/25/2000