WorkCover Authority of New South Wales (Inspector Woodington) v Australand Holdings Limited and Sassall Glass and Joinery Pty Limited [2006] NSWIRComm 242

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Woodington) v Australand Holdings Limited and Sassall Glass and Joinery Pty Limited [2006] NSWIRComm 242

PROSECUTION: WorkCover Authority of New South Wales (Inspector Woodington) PARTIES: DEFENDANTS: Australand Holdings Limited Sassall Glass and Joinery Pty Limited

FILE NUMBER(S): IRC 1174 and 1175 of 2005

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - order sought allowing the prosecutor to amend the original summonses - issue of whether amendments created new offences and were therefore statute barred - comparative consideration of the original and amended summons disclose no difference to the respective substantive offences - distinction to be drawn between the essential legal elements of an offence and the essential factual particulars of that offence - provisions of s 16(2) of the Criminal Procedure Act applying - changes to facts in amended particulars does not create a new offence - whether the Court should exercise discretion pursuant to s 170 of the Industrial Relations Act and make the amendments sought in the interests of justice - considerable delay occasioned by amendments made - public interest and case management considerations relevant - amendments sought by the prosecutor in the amended application granted.

Crimes Act 1914 Criminal Procedure Act 1986 LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Trade Practices Act 1974