Inspector Wolf v Rockdale Beef Pty Ltd [2006] NSWIRComm 280

Industrial Court of New South Wales

CITATION: Inspector Wolf v Rockdale Beef Pty Ltd [2006] NSWIRComm 280

APPELLANT Inspector Ross Wolf PARTIES: RESPONDENT Rockdale Beef Pty Ltd

FILE NUMBER(S): IRC 4426, 4540, 4541 of 2005

CORAM: Wright J President; Walton J Vice-President; Boland J

Occupational health and safety - Reference - Six questions of law referred to Full Bench pursuant to s 5AE of Criminal Appeal Act 1912 as applied by s 196 of the Industrial Relations Act 1996 - Validity of charging in the alternative under the Occupational Health and Safety Act 2000 - Whether the provisions of s 10(3) and s 10(4) of the Occupational Health and Safety Act 2000 constitute essential legal elements of a charge under s 10(2) of that Act - Whether permanent stay of proceedings justified where court at first instance considered prosecutor's conduct amounted to an abuse of process - In relation to five questions held there was either no jurisdiction to answer or unnecessary to answer - In relation to remaining question held prosecutor's conduct did not justify permanent stay

CATCHWORDS: Appeal - Application to extend time to appeal - Section 5C of the Criminal Appeal Act as applied by s 196 of the Industrial Relations Act - Occupational health and safety - Whether s 189 of Industrial Relations Act applied and that leave to extend time to appeal was required - Whether dismissal of charge under s 10(2) of Occupational Health and Safety Act 2000 at first instance amounted to acquittal - Whether order at first instance dismissing charge under s 10(2) of Occupational Health and Safety Act 2000 was to quash the charge - Whether charges under s 8(2) and s 10(2) may be laid in the alternative under Occupational Health and Safety Act 2000 - Whether the provisions of s10(3) and s 10(4) of the Occupational Health and Safety Act 2000 constitute essential legal elements of a charge under s 10(2) of that Act - Held no requirement for application to extend time to appeal - Held dismissal of charge did not amount to acquittal - Held dismissal of charge was to quash charge - Held charges may be laid in the alternative - Held the provisions of s10(3) and s 10(4) do not constitute essential legal elements of a charge under s 10(2) - Remittal to judge at first instance