Inspector Stevens v Harrison [2011] NSWIRComm 135

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Stevens v Harrison [2011] NSWIRComm 135 Hearing dates: 4 October 2011 Decision date: 05 October 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: The hearing fixed for 10 October 2011 before the Full Bench is vacated. The parties are directed to contact the President's Associate to have the matter restored to the list once the Court of Appeal's judgment in Chevalley is known. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Interlocutory proceedings - Application by defendant to vacate hearing date before Full Bench of the Industrial Court - Intersection of issues before the Industrial Court and matters heard by the Court of Appeal in other proceedings in August 2011 - Judgment of Court of Appeal reserved - Judgment of Court of Appeal likely to be critical to proceedings before Industrial Court - No prejudice to prosecutor - Hearing date vacated Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Masterton Homes Pty Ltd v WorkCover Authority of New South Wales (Inspector Batty) [2009] NSWIRComm 91; (2009) 185 IR 176 Morrison v Chevalley [2010] NSWIRComm 116; (2010) 198 IR 30 Category: Interlocutory applications Parties: Inspector Erinn Stevens (Prosecutor/Respondent on the motion) Stephen Patrick Harrison (Defendant/Applicant on the motion) Representation: R Reitano of counsel (Prosecutor/Respondent on the motion) D O'Neill of counsel (Defendant/Applicant on the motion) WorkCover Authority of New South Wales (Prosecutor/Respondent on the motion) HWL Ebsworth (Defendant/Applicant on the motion) File Number(s): IRC 1253 of 2009