WorkCover Authority of New South Wales (Inspector Stephen Jones) v Rockdale Beef Pty Ltd, WCA of NSW (Insp Stephen Jones) v Renod Holdings Pty Ltd, WCA of NSW (Insp Stephen Jones) v M C Meats (Rockdale) Pty Ltd [2006] [2006] NSWIRComm 230

Industrial Relations Commission of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Stephen Jones) v Rockdale Beef Pty Ltd, WCA of NSW (Insp Stephen Jones) v Renod Holdings Pty Ltd, WCA of NSW (Insp Stephen Jones) v M C Meats (Rockdale) Pty Ltd [2006] [2006] NSWIRComm 230

PROSECUTOR WorkCover Authority of New South Wales (Inspector Stephen Jones)

PARTIES: DEFENDANTS Rockdale Beef Pty Ltd Renod Holdings Pty Ltd M C Meats (Rockdale) Pty Ltd

FILE NUMBER(S): IRC 6660 of 2005; IRC 6663- 6664 of 2005

CORAM: Marks J

CATCHWORDS: OH & S - Notice of Motion filed by each defendant that each matter be struck out – defendants argued that Application for Order does not specify all the essential legal elements of the charge, s 10(1) OH & S Act – application fails to state extent of control, nature of duty, date of breach & specifications of business. Held: Application for order contains all essential legal elements – must distinguish between necessity to specify essential legal elements of offence and necessity to furnish essential factual particulars – identification of the essential legal elements of a statutory offence is a question of construction – matters which are essential legal elements of the offence which need to be pleaded are those contained in ss10(3) and (4) – each of the defendants' motions dismissed – costs reserved.

Criminal Procedure Act 1986 Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 Supreme Court (Summary Jurisdiction) Act 1967 Occupational Health and Safety Act 2000