The GEO Group Australia Pty Limited t/as Junee Correctional Centre v WorkCover Authority of New South Wales [2012] NSWCA 150

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The GEO Group Australia Pty Limited t/as Junee Correctional Centre v WorkCover Authority of New South Wales [2012] NSWCA 150 Hearing dates: 17 May 2012 Decision date: 24 May 2012 Before: Beazley JA at [1] Whealy JA at [2] Meagher JA at [3] Decision: (1) Further amended summons dismissed. (2) The applicant to pay the costs of the first respondent. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: INDUSTRIAL LAW - industrial safety - statutory duty of manager of correctional centre to protect inmate from exposure to risks - breach of duty - Occupational Health and Safety Act 2000, s 8(2)

ADMINISTRATIVE LAW - jurisdictional error - adequacy of charge in court attendance notice - whether sufficiently identified act or omission which constituted offence Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Supreme Court Act 1970 Cases Cited: Baiada Poultry Pty Ltd v The Queen [2012] HCA 14; (2012) 86 ALJR 459 John Holland Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338; (2010) 202 IR 82 John L Pty Ltd v Attorney-General (NSW) [1987] HCA 42; (1987) 163 CLR 508 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Knaggs v Director of Public Prosecutions (NSW) [2007] NSWCA 83; (2007) 170 A Crim R 366 Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672 Laing O'Rourke (BMC) Pty Ltd v Kirwin [2011] WASCA 117 Thiess Pty Ltd and Hochtief AG v Industrial Court of New South Wales [2010] NSWCA 252; (2010) 78 NSWLR 94 Category: Principal judgment Parties: The GEO Group Australia Pty Limited t/as Junee Correctional Centre (Applicant) WorkCover Authority of New South Wales (First Respondent) Industrial Court of New South Wales (Second Respondent) Local Court of New South Wales (Third Respondent) Representation: Counsel: A Moses SC, Y Shariff (Applicant) S Crawshaw SC, D B O'Neil (First Respondent) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent) Solicitors: Berry Buddle Wilkins Lawyers (Applicant) DLA Piper (First Respondent) I V Knight, Crown Solicitor (Second Respondent) I V Knight, Crown Solicitor (Third Respondent) File Number(s): 2011/247966 Decision under appeal Before: Magistrate G J T Hart Boland P, Walton VP, Staff J File Number(s): 20173945/06/2 IRC 267 of 2008