Inspector Brock v Empire Waste Pty Ltd [2013] NSWDC 38

District Court New South Wales

Medium Neutral Citation: Inspector Brock v Empire Waste Pty Ltd [2013] NSWDC 38 Hearing dates: 08/04/2013 Decision date: 12 April 2013 Jurisdiction: Criminal Before: Curtis, J Decision: I find that clauses 2 and 3 of Schedule 18B of the Work Health and Safety Regulation 2011 are valiad regulations enabled by clause 1 of Schedule 4 of the Work Health and Safety Act 2011 Catchwords: District Court - Criminal jurisdiction - workplace prosecutation - occupational health and safety - Notice of Motion challenging District Court's jurisdiction - whether proceedings defective in failing to comply with the District Court Rules - whether Executive has power to invest jurisdiction in the District Court and the Local Court Legislation Cited: Criminal Procedure Act 1986 Occupational Health and Safety Act 2000 District Court Rules 1973 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Work Health and Safety Leglislation Amendment Act 2011 Work Health and Safety (Savings and Transitional) Regulation 2011 Interpretation Act 1987 Cases Cited: McConnell Dowell Constructions (Aust) Pty Ltd v Environment Protection Authority [2000] NSWCCA 367 Doja v R [2009] NSWCCA 303 Jago v District Court of New South Wales (1989) 168 CLR 23 Ex parte McGuigan (1923) WN (NSW) 129 Wilcocks v Anderson 124 CLR 293 The Retirement Benifits Fund Board v Hingston [1997] TASSC 66 Australian Meat Industry Employees Union v Hamberger [2000] FCA 1197 Texts Cited: New South Wales Hansard, 19 October 2011 Category: Procedural and other rulings Parties: Inspector Steven Brock (Prosecutor) Empire Waste Pty Ltd (Defendant) Representation: J V Agius, SC with B G Docking appeared for the Prosecutor G W McGrath, SC with S A Adair appeared for the Defendant Workcover Authority of New South Wales (Prosecutor) Eastern Commercial Lawyers (Defendnant) File Number(s): 2012/341785