Prehn v Department of Environment and Conservation [2006] NSWIRComm 222

Industrial Relations Commission of New South Wales

CITATION: Prehn v Department of Environment and Conservation [2006] NSWIRComm 222

PARTIES: Annette Prehn Department of Environment and Conservation

FILE NUMBER(S): 840 of 2005

CORAM: Grayson DP

Notice of Motion to dismiss originating process - Application for relief from victimisation - Application out of time - In the alternative application does not identify any act of victimisation or any causative connection between any alleged act of victimisation and any of the protected acts set out in the statute - No lack of awareness on part of applicant of requirement to commence proceedings in a timely way - Pursuit of other avenues of review will not preclude operation of time limitation nor of itself excuse delay - Statute is concerned with act of victimisation itself and not continuing effects thereof - Statute fixes upon the point in time when cause of action and consequent right to approach Commission crystallises - Substantial delay likely to affect probative value of evidence reaching back into past events - Positive burden borne by applicants seeking to extend time - Paramountcy to be given to interests of justice in guiding exercise of discretion CATCHWORDS: Held - No sufficient grounds for extension of time - Application incompetent and accordingly dismissed

Industrial Relations Act 1996 LEGISLATION CITED: Protection of the Environment Operations Act 1997 Occupational Health and Safety Act 2000

Martin v Nominal Defendant (1957) 74 WN (NSW) 121 Lucic v Nolan (1982) 45 ALR 411 Griffith Ex-Services Club Limited v Federated Liquor and Allied Employees Union of Australia (1993) 51 IR 186 CASES CITED: Skelly v Prouds Jewellers Pty Ltd (1994) 53 IR 3 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Brady v Kennedy t/as "Sardines" (1999) 91 IR 258 Hurrell v Queensland Cotton Corporation (2002) 125 IR 145 Kumar v Macquarie Partnership Lawyers [2005] NSWIRComm 202