Safe Work NSW v Wagga Motors Pty Ltd [2018] NSWDC 242

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v Wagga Motors Pty Ltd [2018] NSWDC 242 Hearing dates: 13 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: I find that Mr Jenkins was an "other person" referred to in section 19(2) of the Act. Catchwords: CRIMINAL LAW – work health and safety – allegation of exposing employee to risk of death or serious injury – elements of the charge PROCEDURAL – Notice of Motion dismiss or stay proceedings STATUTORY INTERPRETATION – intent of legislators – content of elements of charge – statutory provision – meaning behind phrase – comparison to former legislative scheme – use of extrinsic materials WORDS AND PHRASES – ordinary meaning – intent – scope of duty of employer Legislation Cited: Interpretation Act 1987 ss. 33, 34 Occupational Health and Safety Act 1983 s.16 Occupational Health and Safety Act 2000 s.8 Work Health and Safety Act 2011 ss. 3, 7, 14, 15, 16, 19(1),19(2), 19(3), 20, 21, 22, 23, 24, 25, 26, 28, 29 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 Boland v Safe is Safe Pty Ltd and Munro [2017] SAIRC 17 Bulga Underground Operations v Nash [2016] NSWCCA 37 Certain Lloyd's Underwriters v Cross (2012) 87 ALJR 131 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Board of Trustees of the Science Museum (1993) 1 WLR 1171 Re Bolton; Ex Parte Beane (1987) 162 CLR 514 Royall v The Queen (1991) 172 CLR 378 S Kidman & Co Ltd v Dr John Lowndes CM and Director of Public Prosecutions (NT) [2016] NTCA 5 SafeWork New South Wales v Rawson Homes Pty Ltd [2016] NSWDC 237 Taylor v Owners of Strata Plan 11564 (2014) 253 CLR 531 Thiess Pty Ltd v Industrial Court of New South Wales (2010) 78 NSWLR 94 Category: Procedural and other rulings Parties: Safe Work NSW (Prosecutor/ Respondent) Wagga Motors Pty Ltd (Defendant/ Applicant) Representation: Counsel: