Inspector Regan v Southern Colliery Maintenance Pty Ltd (No 3) [2012] NSWIRComm 94

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Regan v Southern Colliery Maintenance Pty Ltd (No 3) [2012] NSWIRComm 94 Hearing dates: 21 August 2012 Decision date: 27 August 2012 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1.The notice of motion is dismissed. 2.Costs are reserved. Catchwords: NOTICE OF MOTION - permanent stay - dismissal of proceedings - whether substitution of name of inspector results in entirely new proceedings - whether proceedings instituted in his personal functions - held - Crown party to prosecution - substituting prosecutor did not commence entirely new proceedings - proceedings instituted by inspector carrying out his statutory function - motion dismissed - s 47A, s 47B, s 106, s 107 of the Occupational Health and Safety Act 2000 - s 144, s 148, s 149, s 210 Coal Mine Health and Safety Act 2002 Legislation Cited: Coal Mine Health and Safety Act 2002 Criminal Procedure Act 1986 Fair Trading Act 1987 Occupational Health and Safety Act 2000 Cases Cited: Director-General, Department of Environment and Climate and Change v Walker Corporation Pty Ltd (No 2) [2011] NSWLEC 229 Elliott v Taylor [1947] St. R. Qd 210 at 212 Kew v Commissioner of Fair Trading and Robinson [2007] NSWSC 394 Morrison v Rodney Morrison v Dartbrook Coal Pty Ltd and Tecrete Industries Pty Ltd [2002] NSWIRComm 127; (2002) 116 IR 252 Ove Arup Pty Ltd v Industrial Court of NSW [2006] NSWCA 28; (2006) 149 IR 193 Category: Interlocutory applications Parties: Robert William Regan (Prosecutor) Southern Colliery Maintenance Pty Ltd (Defendant) Representation: Counsel: Mr P Strickland SC with Mr D O'Neil of counsel (Prosecutor) Mr D Nagle of counsel (Defendant) Solicitors: Crown Solicitor's Office (Prosecutor) Access Law Group (Defendant) File Number(s): IRC 1033 of 2008