NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Wong v Clarence Valley Council [2006] NSWIRComm 250
PROSECUTOR Inspector Daryl Wong PARTIES: DEFENDANT Clarence Valley Council
FILE NUMBER(S): IRC 5291 of 2005
CORAM: Staff J
CATCHWORDS: Occupational health and safety - Notice of motion - Local Council - Whether government corporation liable for breaches of the Occupational Health & Safety Act 2000 (NSW) alleged to have been committed by predecessor government corporation - Application for declaration - Whether criminal liability transferred to successor by Occupational Health & Safety Act 2000 - Interpretation of statutory provision - Whether successor government corporation - Held Successor - Declaratory relief refused - Occupational Health & Safety Act 2000, Section 123
Acts Interpretation Act 1901 (Cth) Interpretation Act 1987 (NSW) LEGISLATION CITED: Local Government Act 1993 (NSW) Occupational Health & Safety Act 1983 Occupational Health & Safety Act 2000
Australian Industrial Relations Commission; Ex parte Australian Transport Officers Federation and ors (1990) 171 CLR 216 Aveling v UBS Capital Markets Australia Holdings Ltd (2004) 135 IR 98 Commander Australia Limited v Kerr (2004) 134 IR 160 CASES CITED: Country Energy v Malone (2005) 138 IR 221 PP Consultants Pty Ltd v Finance Sector Union of Australia (2000) 201 CLR 648 WorkCover Authority (NSW) v Energy Australia (formerly Sydney Electricity) (1998) 85 IR 99 WorkCover Authority (NSW) v Rail Infrastructure Corp (2001) 111 IR 442
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