NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Inspector Anthony Nicholson (WorkCover Authority of New South Wales) v Bradley Tracey and Others [2009] NSWIRComm 98
PROSECUTOR: Inspector Anthony Nicholson
PARTIES: DEFENDANTS: Bradley Tracey Bradley Tracey Scaffolding Services Pty Ltd Delta Pty Limited Waco Kwikform Limited
FILE NUMBER(S): IRC 2230; 2231; 2232; and 2233 of 2007
CORAM: Backman J
CATCHWORDS: Occupational health and safety - prosecution under Occupational Health and Safety Act 2000 sections 8(1), 8(2) and sections 8(1)/26(1) - application to amend charges - whether proposed amendment is a legal element creating a new charge which is statute-barred under section 107 of the 2000 Act or whether it is a factual particular - section 31(1) of the 2000 Act considered - whether contravention "arose out of the same factual circumstances" - held: amendment constitutes a factual particular - amendment allowed under section 170 Industrial Relations Act 1996.
Boral Gas (NSW) Pty Ltd v Magill (1995) 58 IR 363 Environment Protection Authority v Sydney Water Corporation Limited (1997) 98 LGERA 361 CASES CITED: Newcastle Wallsend Coal Company Pty Ltd v WorkCover Authority (NSW) (Inspector McMartin) (2006) 159 IR 121 Shannon v Comalco Aluminium Ltd (1986) 19 IR 358 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110
HEARING DATES: 12 December 2008 and 15 December 2008
DATE OF JUDGMENT: 25 June 2009
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