Inspector James v Ryan (No 3) [2010] NSWIRComm 127

Industrial Court of New South Wales

CITATION: Inspector James v Ryan (No 3) [2010] NSWIRComm 127

PARTIES: Inspector Wayne James (Appellant) Justin James Ryan (Respondent)

FILE NUMBER(S): IRC 5 of 2010

CORAM: Boland J President; Kavanagh J; Backman J

APPEAL - Occupational health and safety - Prosecution of respondent for contravention of s 8(1) of Occupational Health and Safety Act 2000 by operation of s 26 of that Act and in the alternative contravention of s 10(2) - Charges dismissed at first instance - Appeal by prosecutor - Whether director in s 26 of Occupational Health and Safety Act includes a de facto director and shadow director or is confined to a director formally appointed as such - Whether respondent formally appointed as a director of corporation - Whether respondent a de facto director - Whether respondent a shadow director CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - Prosecution under s 8(1) or in the alternative s 10(2) of Occupational Health and Safety Act 2000 by operation of s 26 of that Act - Death of an employee - Whether person purportedly appointed as a director of the corporation liable - Whether director in s 26 of Occupational Health and Safety Act includes a de facto director and shadow director or is confined to a director formally appointed as such - Whether respondent formally appointed as a director of corporation - Whether respondent a de facto director - Whether respondent a shadow director

Companies Act 1929 (UK) Companies Act 1961 Companies Act 1981 (Cth) Corporations Act 2001 (Cth) Crimes Act 1900 LEGISLATION CITED: Factories and Shops Act 1960 (Qld) Industrial Relations Act 1996 Interpretation Act 1987 Interpretation of Legislation Act 1984 (Vic) Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Taxation Administration Act 1953