Michael Dalzell v Andrew James Ferguson [2009] NSWIRComm 81

Industrial Court of New South Wales

CITATION: Michael Dalzell v Andrew James Ferguson [2009] NSWIRComm 81

APPELLANT: Michael Dalzell PARTIES: RESPONDENT: Andrew James Ferguson

FILE NUMBER(S): IRC 1328 of 2008

CORAM: Walton J Vice-President; Kavanagh J; Haylen J; Backman J

Statutory interpretation - occupational health and safety - appeal from finding of guilt by Chief Industrial Magistrate following a summary defended hearing - breach of s 136(1)(a) Occupational Health and Safety Act 2000 - preliminary question as to whether s 136(1)(a) an offence of strict liability - held: s 136(1)(a) an offence of strict liability.

CATCHWORDS: Appeal - occupational health and safety - appeal from finding of guilt by CIM following a summary defended hearing - breach of s 136(1)(a) 2000 Act - allegation that two union officials, properly authorised under the 2000 Act and attending the appellant's premises in the exercise of official functions, were obstructed - whether a corporation may be found guilty of an offence of strict liability - whether error in findings that appellant acted under an honest and reasonable mistake of fact - whether findings made were against the weight of evidence, or not open on the evidence, or not established by the respondent - whether charge objectionable for duplicity - appeal in respect of s 136(1)(a) offence dismissed - costs.

Occupational health and safety - appeal - appeal from finding of guilt by CIM following a summary defended hearing - breach of s 136(1)(a) 2000 Act - allegation that two union officials, properly authorised under the 2000 Act and attending the appellant's premises in the exercise of official functions, were obstructed - whether a corporation may be found guilty of an offence of strict liability - whether error in findings that appellant acted under an honest and reasonable mistake of fact - whether findings made were against the weight of evidence, or not open on the evidence, or not established by the respondent - whether charge objectionable for duplicity - appeal in respect of s 136(1)(a) offence dismissed - costs.