NSW Caselaw
Industrial Court of New South Wales
CITATION: Morrison v Southern Colliery Maintenance Pty Ltd [2009] NSWIRComm 171 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES: Rodney Dale Morrison (Prosecutor/Respondent on the Motion) Southern Colliery Maintenance Pty Ltd (Defendant/Applicant on the Motion)
FILE NUMBER(S): IRC 1033 of 2008
CORAM: Boland J President
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - Interlocutory proceedings - Allegation that defendant contravened s 8(2) of the Occupational Health and Safety Act 2000 - Notice of motion challenging prosecutor's authority to prosecute - Whether prosecutor was employed under Chapter 2 of Public Sector Employment and Management Act 2002 as required by s 145 of the Coal Mine Health and Safety Act 2002 in order to be taken to have been appointed as an Inspector for the purposes of s 47B of the Occupational Health and Safety Act - Construction of Chapters 1A, 2 and 3 of Public Sector Employment and Management Act - Meaning of 'governed' - Notice of motion dismissed.
Coal Mine Health and Safety Act 2002 Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000 Public Sector Employment and Management Act 2002 Public Sector Employment Legislation Act 2006 Supreme Court Act 1970
Chan v Cresdon Pty Ltd [1941] VLR 200 CASES CITED: Morrison v Milner [2009] NSWIRComm 57; (2009) 181 IR 443 Wilkinson v Feldworth Financial Services Pty Limited (1998) 29 ACSR 642
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