WorkCover Authority of New South Wales (Inspector Lane) v Australian Winch & Haulage Co Pty Ltd [2000] NSWIRComm 2

WorkCover Authority of New South Wales (Inspector Lane) v Australian Winch & Haulage Co Pty Ltd [2000] NSWIRComm 2

Because the application raised significant and interrelated questions about the admissibility of the second defendant's record of interview, the effect of Seccombe, the construction of s 50 of the Occupational Health and Safety Act 1983, and the possible use of a corporate conviction or transcript against a director, the appropriate course was to refer agreed questions of law to the Full Bench; the costs of the motion and reference were reserved.

Jurisdiction
Australia
Judgment Date
10 February 2000
Procedural Posture
Prosecutions Under S 15(1) and S 50(1) of the Occupational Health & Safety Act 1983 / Prosecution Application for Separate Trials and Reference of Questions of Law to the Full Bench
Outcome
Questions of law referred to the Full Bench; costs reserved.
Legal Topics
['separate Trials' 'privilege Against Self Incrimination' 'admissibility of Record of Interview' 'corporate Defendants' 'director Liability Under S 50 of the Occupational Health and Safety Act 1983' 'reference of Questions of Law to Full Bench' 'costs Reserved']
['occupational Health and Safety' 'criminal Procedure' 'evidence' 'industrial Relations'] ['separate Trials' 'privilege Against Self Incrimination' 'admissibility of Record of Interview' 'corporate Defendants' 'director Liability Under S 50 of the Occupational Health and Safety Act 1983' 'reference of Questions of Law to Full Bench' 'costs Reserved']

Case Brief

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Procedural Posture

Prosecutions Under S 15(1) and S 50(1) of the Occupational Health & Safety Act 1983 / Prosecution Application for Separate Trials and Reference of Questions of Law to the Full Bench

Legal Issues

  1. 1 ['Whether proceedings against the corporate defendant should be heard separately from proceedings against the individual defendant.' 'Whether a record of interview of the second defendant, inadmissible against him because of claimed privilege and absence of a proper warning, is nonetheless admissible against the first defendant in joint or separate proceedings.' "Whether a certificate of conviction of the first defendant is admissible against the second defendant in subsequent separate proceedings under s 50(1) of the Occupational Health and Safety Act 1983 where the evidence against the first defendant included the second defendant's record of interview." "Whether a transcript of proceedings against the first defendant is admissible against the second defendant in subsequent separate proceedings under s 50(1) of the Occupational Health and Safety Act 1983 where the evidence against the first defendant included the second defendant's record of interview."]

Ratio Decidendi

Because the application raised significant and interrelated questions about the admissibility of the second defendant's record of interview, the effect of Seccombe, the construction of s 50 of the Occupational Health and Safety Act 1983, and the possible use of a corporate conviction or transcript against a director, the appropriate course was to refer agreed questions of law to the Full Bench; the costs of the motion and reference were reserved.

Court Disposition

Questions of law referred to the Full Bench; costs reserved.

Orders

  • ["Pursuant to Section 5AE(1) of the Criminal Appeal Act 1912 and Section 196 of the Industrial Relations Act 1996, questions were submitted by way of reference to the Full Bench of the Industrial Relations Commission in Court Session concerning admissibility of the second defendant's record of interview against the...