Area Concrete Pumping Pty Ltd v Inspector Barry Childs (WorkCover) [2012] NSWCA 208

Area Concrete Pumping Pty Ltd v Inspector Barry Childs (WorkCover) [2012] NSWCA 208

A failure to adequately particularise statements of charge does not of itself render charges nullities or deprive the Industrial Court of jurisdiction; such defects can generally be cured by amendment or further particularisation pursuant to s 16(2) of the Criminal Procedure Act 1986 (NSW) and s 170(3) of the Industrial Relations Act 1996 (NSW), at least where the charge describes an offence known to law and no irreparable procedural unfairness arises. Particular (g) in the present charges was sufficient to meet minimum legal requirements. Accordingly, the applications for certiorari and prohibition were denied.

Jurisdiction
Australia
Judgment Date
09 July 2012
Procedural Posture
Judicial Review Application / Appeal / Appellate (court of Appeal; Application for Orders in the Nature of Certiorari and Prohibition Against the Industrial Court of Nsw)
Outcome
Applications for orders in the nature of certiorari and prohibition denied with costs.
Legal Topics
['occupational Health and Safety' 'sufficiency of Statements of Charge' 'jurisdictional Error' 'procedural Fairness' 'amendment of Charges' 'certiorari and Prohibition' 'particularisation of Offences']
['industrial Law' 'criminal Law' 'administrative Law'] ['occupational Health and Safety' 'sufficiency of Statements of Charge' 'jurisdictional Error' 'procedural Fairness' 'amendment of Charges' 'certiorari and Prohibition' 'particularisation of Offences']

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Procedural Posture

Judicial Review Application / Appeal / Appellate (court of Appeal; Application for Orders in the Nature of Certiorari and Prohibition Against the Industrial Court of Nsw)

Legal Issues

  1. 1 ['Whether deficiencies in particularisation of statements of charge rendered charges nullities and amounted to jurisdictional error' "Whether Industrial Court's orders compelling appearance and refusing to dismiss charges were invalid due to insufficient particulars" 'Whether defective particulars could be cured by amendment or further particularisation after pleas of guilty']

Ratio Decidendi

A failure to adequately particularise statements of charge does not of itself render charges nullities or deprive the Industrial Court of jurisdiction; such defects can generally be cured by amendment or further particularisation pursuant to s 16(2) of the Criminal Procedure Act 1986 (NSW) and s 170(3) of the Industrial Relations Act 1996 (NSW), at least where the charge describes an offence known to law and no irreparable procedural unfairness arises. Particular (g) in the present charges was sufficient to meet minimum legal requirements. Accordingly, the applications for certiorari and prohibition were denied.

Court Disposition

Applications for orders in the nature of certiorari and prohibition denied with costs.

Orders

  • ['Applications for certiorari to quash the Industrial Court’s orders and prohibition to restrain further action are dismissed.' 'Applicants to pay the costs.']