SafeWork NSW v Investa Asset Management Pty Ltd [2018] NSWDC 173

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Investa Asset Management Pty Ltd [2018] NSWDC 173 Hearing dates: 20 June 2018 Date of orders: 25 June 2018 Decision date: 25 June 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The hearing date of 6 August 2018 is vacated. (2) I direct that the prosecutor serve written statements taken from the persons the prosecutor intends to call to give evidence in the proceedings and copies of any document or any other thing, identified in such a written statement as a proposed exhibit, on or before 5.00pm on 30 July 2018. The written statements served must comply with s283B(2)-(5) Criminal Procedure Act 1986 and clauses 9I and 9K Criminal Procedure Regulation 2017. (3) I direct that the prosecutor serve a schedule identifying each question and answer in any record of interview to be relied on by the prosecutor and to which of the pleaded particulars in the Summons the question and answer is relevant, on or before 5.00pm on 30 July 2018. (4) I direct that the parties confer as to any further directions to be made as to the use of the records of interview. (5) I grant liberty to the parties to approach my Associate to list the matter for further argument on the use of the records of interview at a mutually convenient time. (6) I list the matter for hearing before me on 18 February 2019 with an estimate of 3 weeks. (7) I list the matter for directions on 6 August 2018 at 10.00am. (8) I will hear the parties on costs. Catchwords: CRIMINAL LAW – work health and safety – allegation of exposing employee to risk of death or serious injury CRIMINAL PROCEDURE – evidence – right to a fair trial – adequacy of prosecution brief of evidence – prosecutor's duty of disclosure – provision of witness statements Legislation Cited: Criminal Procedure Act 1986 Criminal Procedure Regulation 2017 District Court Rules 1970 Work Health and Safety Act 2011 Cases Cited: ASIC v Vines [2002] NSWSC 1223 Grey v The Queen (2001) 184 ALR 593 Jago v District Court of New South Wales (1989) 168 CLR 23 Maddison v Goldrick [1976] 1 NSWLR 651 Mallard v R (2005) 224 CLR 125 Mallard v R (2005) 224 CLR 125 R v Brown (Winston) [1994] 1 WLR 1599 R v Ulman-Naruniec (2003) 143 A Crim R 531 SafeWork NSW v Unity Pty Ltd [2017] NSWDC 66 SafeWork NSW v Wollongong Glass Pty Ltd [2016] NSWDC 58 WA v Christie (2005) 30 WAR 514 Whitehorn v The Queen (1988) 152 CLR at 663-664 Category: Procedural and other rulings Parties: SafeWork NSW and Investa Asset Management Pty Ltd Representation: Counsel: Mr M Moir (Crown) Mr P Strickland SC (Defendant)