Sydney Local Health District v SafeWork NSW [2019] NSWIRComm 1072

Industrial Relations Commission New South Wales Medium Neutral Citation: Sydney Local Health District v SafeWork NSW [2019] NSWIRComm 1072 Hearing dates: 28,30 & 31 May, 12,13 & 16 August 2019 Date of orders: 30 September 2019 Decision date: 30 September 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application for external review is dismissed Catchwords: Work Health and Safety – application for external review – proposed refurbishment works in Intensive Psychiatric Care Unit – removal of 1.31 metre high counter and replacement with fixed "touch down" desk – improve therapeutic environment – physical barrier between workers and patients – mental health consumers with high acuity and significant behavioural disturbance and potential to exhibit violent behaviours – workers exposed to an immediate risk to their health and safety from occupational violence – Prohibition Notice issued – internal review unsuccessful – application for external review dismissed Legislation Cited: Mental Health Act 1990 Occupational Health and Safety Act 1983 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Byrne Demolition Pty Ltd v Safe Work NSW [2019] NSWIRComm 1008 Essential Energy v WorkCover Authority of New South Wales [2012] NSWIRComm 83 George v Rockett [1990] HCA 46; 170 CLR 104 Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002 Simon Anthony Green Wilkeen Pty Ltd T/as Razorback Glass v SafeWork NSW [2018] NSWIRComm 1074 WorkCover NSW v Central Sydney Area Health Service (Rozelle Hospital) [2002] NSWIRComm 44 Texts Cited: Preventing and Managing Violence in the NSW Health Workplace – A Zero Tolerance Approach Category: Principal judgment Parties: Sydney Local Health District (Applicant)