Inspector Nikolovski v Lankry [2012] NSWIRComm 35

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Nikolovski v Lankry [2012] NSWIRComm 35 Hearing dates: 05/12/2011 Decision date: 27 April 2012 Before: Backman J Decision: (1) The defendant's Notice of Motion filed on 26 September 2011 is dismissed. (2) Costs of the Notice of Motion are reserved. (3) Matters IC 1847 and 1848 of 2008 are set down for a directions hearing at 9.30am on Wednesday, 30 May 2012 in order to fix the matters for sentence. (4) Matters IC 1845 and 1850 of 2008 are set down for a directions hearing at 9.30am on Wednesday, 30 May 2012 in order to fix the matters for sentence. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - Notice of Motion seeking orders that defendant be asked if he adheres to his pleas of guilty to two charges under s 8(2)/s 26(1) and s 10(1)/s 26(1) of the Act following amendments made to both charges - in the alternative, application seeks orders that the defendant be allowed to withdraw his pleas of guilty to the unamended charges - whether in the absence of amendment the charges would have been invalid - whether defendant in possession of the relevant facts at the time he pleaded guilty - principles relevant to withdrawal of a plea of guilty considered - whether defendant denied procedural fairness when he entered his pleas of guilty - whether defendant should have been re-arraigned on the amended charges - Notice of Motion dismissed Legislation Cited: Customs Act 1901 (Cth) Migration Act 1958 (Cth) Occupational Health and Safety Act 2000 Cases Cited: Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 Environment Protection Authority v Sydney Water Corp Ltd (1997) 98 LGERA 361; 98 A Crim R 481 at 484 Inspector Steven Nikolovski v Alex Avi Lankry [2011] NSWIRComm 34; Inspector Steven Nikolovski v Lankry (2011) 206 IR 395 Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 R v O'Neill (1979) 2 NSWLR 582 R v Ronald George Radley (1974) 58 Cr App R 394 Regina v Marchando [2000] NSWCCA 8; (2000) 110 A Crim R 337 Shimon Amuzig Sagiv v R (1986) 22 A Crim R 73 St Hilliers Contracting Pty Ltd v WorkCover Authority (NSW) (No 2) [2007] NSWIRComm 150; (2007) 164 IR 356 WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Constructions Pty Ltd [2005] NSWIRComm 454; (2005) 147 IR 329 Category: Interlocutory applications Parties: Inspector Steven Nikolovski (Prosecutor) Alex Avi Lankry (Defendant) Representation: Mr C Magee of counsel (Prosecutor) Mr J Young of counsel (Defendant) Criminal Law Practice Legal Group WorkCover Authority of New South Wales (Prosecutor) Bellissimo Lawyers (Defendant) File Number(s): IC 1847 of 2008 IC 1848 of 2008