WorkCover Authority of New South Wales (Inspector Ross Wolf) v South Eastern Sydney and Illawarra Area Health Service (No. 2) [2006] NSWIRComm 272

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Ross Wolf) v South Eastern Sydney and Illawarra Area Health Service (No. 2) [2006] NSWIRComm 272

Prosecutor: WorkCover Authority of New South Wales (Inspector Ross Wolf) PARTIES: Defendant: South Eastern Sydney and Illawarra Area Health Service

FILE NUMBER(S): IRC 2122 of 2005

CORAM: Backman J

CATCHWORDS: Application for costs of adjournment made by defendant - proceedings under s 8(1) of the Occupational Health and Safety Act 2000 part-heard - application opposed by prosecutor on ground that Court has no power to award costs of adjournment in proceedings for an offence - procedure governing summary offences s 168 of the Industrial Relations Act 1996 - whether s 257F of the Criminal Procedure Act 1986 introduced on 13 July 2006 by the Courts Legislation Amendment Act No. 23 of 2006 applies - whether s 253 in force prior to 13 July 2006 applies - effect of Part 11 of Schedule 2 of Criminal Procedure Act 1986 considered - held: s 253 applies and s 257F does not apply - held: s 181(1) of the Industrial Relations Act 1996 does not apply - application dismissed.

Courts Legislation Amendment Act No. 23 of 2006 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Procedure Act 1986 Industrial Relations Act 1996 Occupational Health and Safety Act 2000

CASES CITED: WorkCover Authority of New South Wales (Inspector Dawson) v Plastachem Pty Ltd & Ors (2001) 110 IR 351

HEARING DATES: 25/07/06, 26/07/06, 27/07/06, 31/07/06, 08/08/06