Inspector Hamilton v John Holland Pty Ltd [2010] NSWIRComm 72

Industrial Court of New South Wales

CITATION: Inspector Hamilton v John Holland Pty Ltd [2010] NSWIRComm 72

PARTIES: Inspector Nathan Hamilton (Prosecutor) John Holland Pty Limited (Defendant)

FILE NUMBER(S): IRC 1989 and 1990 of 2007

CORAM: Boland J President; Walton J Vice-President; Haylen J; Staff J

CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - Reference of questions of law - Six questions of law - Defendant charged for alleged contravention of s 8(1) and s 8(2) of Occupational Health and Safety Act 2000 - Validity of charges - Collapse of tunnel roof in Lane Cove Tunnel - Whether charges contain essential legal elements - Whether charges contain essential factual ingredients - Whether charges in accordance with requirements of Industrial Relations Commission Rules 1996 - "Statement of offence" - Particulars - Consideration of Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 262 ALR 569 - Consideration of Rockdale Beef Pty Limited v Industrial Relations Commission of NSW [2007] NSWCA 128; (2007) 165 IR 7 - If the charges are defective whether the defects are curable - Consideration of s 16 of Criminal Procedure Act and s 170 of the Industrial Relations Act - Duplicity - Multiple contraventions - Questions of law answered

Consumer Protection Act 1969 Crimes Act 1900 Criminal Appeal Act 1912 Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 Industrial Relations Act 1996 Industrial Relations Commission Rules 1996 LEGISLATION CITED: Industrial Relations Commission Rules 2009 Magistrates (Summary Proceedings) Act 1975 (Vic) Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Occupational Health and Safety Act 1985 (Vic) Occupational Health Safety and Welfare Act 1986 (SA) Supreme Court (Summary Jurisdiction) Act 1967 Trade Practices Act 1974 (Cth)