Employers Mutual Limited v Heise [2018] NSWSC 1842

Supreme Court New South Wales

Medium Neutral Citation: Employers Mutual Limited v Heise [2018] NSWSC 1842 Hearing dates: 26, 28 November 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Common Law Before: McCallum J Decision: The amended summons filed 23 November 2018 is dismissed Catchwords: ADMINISTRATIVE LAW – judicial review – decision of registrar of the Local Court to issue court attendance notice on the application of a private prosecutor against an insurer for alleged breach of s 283 of Workers Injury Management and Workers Compensation Act – authority to permit private prosecution – whether exclusive right to commence proceedings under the Act reposes in the State Insurance Regulatory Authority

CRIMINAL PROCEDURE – right to bring private prosecution as a common informer – where offence sought to be prosecuted is a "penalty notice offence" – authority to issue penalty notice reposing exclusively in regulatory authority – whether open to common informer to commence proceedings by court attendance notice Legislation Cited: Crimes Act 1900 (NSW), s 338 Criminal Procedure Act 1986 (NSW), ss 14, 172, 174 Workers Compensation Regulation 2016 (NSW), cl 71 Workers Injury Management and Workers Compensation Act 1998 (NSW), ss 245, 246, 283(1) Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Tabcorp Holdings v Fitzsimons [2007] NSWSC 836 Category: Procedural and other rulings Parties: Employers Mutual Limited (plaintiff) Julie Ann Heise (first defendant) The Local Court of New South Wales (second defendant) State Insurance Regulatory Authority (interested party) Representation: Counsel: D Baran (plaintiff) J M Morris SC with M Weightman (first defendant) C Frommer (appearing as amicus curiae for the interested party)