Western Sydney Local Health District v SafeWork NSW [2024] NSWCCA 153

Western Sydney Local Health District v SafeWork NSW [2024] NSWCCA 153

The submitted question did not raise a question of law because it was not divorced from the facts; it required applying legal principle to the particular pleaded particulars, the limited basis of the guilty plea, and unresolved factual issues including whether the admitted measure would eliminate or merely minimise the identified risks and whether the other measures would eliminate or minimise those risks. Even if a pure question of law existed, the Court would decline to answer it because it might be hypothetical and the issues could be determined on any appeal after sentence with the benefit of factual findings.

Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Application Under S 5 AE of the Criminal Appeal Act 1912 (nsw) for Determination of a Question Submitted by the District Court in Summary Criminal Proceedings / Question Submitted After Guilty Plea and Before Sentence
Outcome
Question answered against the applicant; applicant ordered to pay the respondent's costs.
Legal Topics
['question of Law Under S 5 AE of the Criminal Appeal Act 1912 (nsw)' 'work Health and Safety Duty Under S 19 of the Work Health and Safety Act 2011 (nsw)' 'management of Risks Under S 17 of the Work Health and Safety Act 2011 (nsw)' 'contested Facts on Sentence After Guilty Plea' 'costs']
['criminal Law' 'occupational Health and Safety' 'criminal Procedure' 'sentencing'] ['question of Law Under S 5 AE of the Criminal Appeal Act 1912 (nsw)' 'work Health and Safety Duty Under S 19 of the Work Health and Safety Act 2011 (nsw)' 'management of Risks Under S 17 of the Work Health and Safety Act 2011 (nsw)' 'contested Facts on Sentence After Guilty Plea' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S 5 AE of the Criminal Appeal Act 1912 (nsw) for Determination of a Question Submitted by the District Court in Summary Criminal Proceedings / Question Submitted After Guilty Plea and Before Sentence

Legal Issues

  1. 1 ['Whether the question submitted by the District Court raised a question of law within s 5AE of the Criminal Appeal Act 1912 (NSW).' 'Whether s 17 of the Work Health and Safety Act 2011 (NSW) made it impermissible for the prosecutor, on sentence, to rely on particulars said only to minimise, rather than eliminate, the pleaded risk after the defendant pleaded guilty on the basis of one admitted particular.' 'Whether the Court should decline to answer the question if it were a question of law.' "Whether Western Sydney Local Health District should pay SafeWork NSW's costs of the application."]

Ratio Decidendi

The submitted question did not raise a question of law because it was not divorced from the facts; it required applying legal principle to the particular pleaded particulars, the limited basis of the guilty plea, and unresolved factual issues including whether the admitted measure would eliminate or merely minimise the identified risks and whether the other measures would eliminate or minimise those risks. Even if a pure question of law existed, the Court would decline to answer it because it might be hypothetical and the issues could be determined on any appeal after sentence with the benefit of factual findings.

Court Disposition

Question answered against the applicant; applicant ordered to pay the respondent's costs.

Orders

  • ['The question submitted by the District Court on 17 June 2024 should be answered "This question does not raise a question of law".' 'Western Sydney Local Health District pay the costs of SafeWork NSW of and occasioned by the application.']