COAL OPERATIONS AUSTRALIA LTD v INDUSTRIAL RELATIONS COMMISSION OF NSW & Rodney Dale MORRISON [2005] NSWCA 346

New South Wales Court of Appeal

CITATION: COAL OPERATIONS AUSTRALIA LTD v INDUSTRIAL RELATIONS COMMISSION OF NSW & Rodney Dale MORRISON [2005] NSWCA 346

HEARING DATE(S): 12, 13, 19 & 20 July 2005

JUDGMENT DATE: 10 October 2005

JUDGMENT OF: Spigelman CJ at 1; Mason P at 82; Handley JA at 83

DECISION: Summons dismissed with costs.

CATCHWORDS: CONSTITUTIONAL LAW - whether Chapter III of the Commonwealth Constitution prevents the conferral of criminal jurisdiction on the Industrial Relations Commission - CRIMINAL LAW - criminal standard of proof - whether applied - OCCUPATIONAL HEALTH AND SAFETY - appeal against acquittal - whether s197A of the OHS Act properly applied - Occupational Health and Safety Act 1983, s15(1), s33(2), s53 - ADMINISTRATIVE LAW - privative clause - inviolable restraint - jurisdictional error - error of law on the face of the record

Coal Mines Regulation (Support - Underground Mines) Regulation 1984 Coal Mines Regulation Act 1982 LEGISLATION CITED: Commonwealth Constitution: Ch III Industrial Relations Act 1996: ss 179, 191, 197A Occupational Health and Safety Act 1983: ss 15(1), 33(2), 53,

Morrison v Coal Operations Australia Ltd [2003] NSWIRComm 249 CASES CITED: Morrison v Coal Operations Australia Ltd [2004] NSWIRComm 239 Powercoal Pty Ltd v Industrial Relations Commission of New South Wales [2005] NSWCA 345

Coal Operations Australia Pty Ltd (Claimant) Industrial Relations Commission of New South Wales (First Opponent) PARTIES: Rodney Dale Morrison (Second Opponent)

FILE NUMBER(S): CA 40134/05

B Walker SC, B Hodgkinson SC, M Shume and W Thompson (Claimants) S Crawshaw SC with P Ginters (Second Opponent) COUNSEL: M Leeming with C Mantziaris (Attorney General, intervening)