Kirk Group Holdings Pty Ltd and another v WorkCover Authority of New South Wales [2007] NSWIRComm 86

Industrial Court of New South Wales

CITATION: Kirk Group Holdings Pty Ltd and another v WorkCover Authority of New South Wales [2007] NSWIRComm 86

APPELLANTS Kirk Group Holdings Pty Ltd PARTIES: Graeme Joseph Kirk

RESPONDENT WorkCover Authority of New South Wales (Inspector Childs)

FILE NUMBER(S): IRC 2680 of 2006

CORAM: Wright J President; Boland J; Backman J

Appeal - Occupational health and safety - Corporate and personal appellants convicted of offences under Occupational Health and Safety Act 1983 and penalties imposed - Death of farm manager - Whether farm manager was the controlling mind - Whether duty to ensure safety under sections 15 and 16 of Occupational health and Safety Act may be delegated - Consideration of relevant United Kingdom law - Social purpose of Occupational Health and Safety Act - Whether purported delegation effective - Appeal dismissed - Costs CATCHWORDS: Occupational health and safety - Corporate and personal appellants convicted of offences under Occupational Health and Safety Act 1983 and penalties imposed - Death of farm manager - Whether farm manager was the controlling mind - Whether duty to ensure safety under sections 15 and 16 of Occupational health and Safety Act may be delegated - Consideration of relevant United Kingdom law - Social purpose of Occupational Health and Safety Act - Whether purported delegation effective - Appeal dismissed - Costs

Crimes Act 1900 s 474D Criminal Appeal Act 1912 s 5AA, 5(1) LEGISLATION CITED: Health and Safety at Work Act 1974 (UK) s 2(1), 3 Industrial Relations Act 1996 s 196 Occupational Health and Safety Act 1983 s 15(1), 16(1), 53 (a), 53(b) Trade Descriptions Act 1968 (UK) s 24(1)