Bros Bins Systems Pty Ltd v Industrial Relations Commission of New South Wales [2008] NSWCA 292

Bros Bins Systems Pty Ltd v Industrial Relations Commission of New South Wales [2008] NSWCA 292

There was no jurisdictional error in the Full Bench's construction of 'plant' under the Occupational Health and Safety Act 1983—any error was within jurisdiction. However, the Full Bench committed a jurisdictional error by failing to decide the matter itself after setting aside the acquittal, as required by s 197A(7)(b) of the Industrial Relations Act 1996, and instead remitting it for retrial; such a course was not permissible. The remittal order and all consequential orders must be quashed.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Judicial Review/appellate Proceedings / Court of Appeal Judgment on Supervisory Jurisdiction Application
Outcome
Partial relief granted: remittal and consequential proceedings quashed; costs orders set aside; proceedings remitted for proper determination.
Legal Topics
['occupational Health and Safety' 'interpretation of Offence Creating Provisions' 'jurisdictional Error' 'appeals From Acquittal' 'double Jeopardy' 'statutory Construction']
['industrial Law' 'criminal Law' 'administrative Law'] ['occupational Health and Safety' 'interpretation of Offence Creating Provisions' 'jurisdictional Error' 'appeals From Acquittal' 'double Jeopardy' 'statutory Construction']

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Procedural Posture

Judicial Review/appellate Proceedings / Court of Appeal Judgment on Supervisory Jurisdiction Application

Legal Issues

  1. 1 ["Whether the determination that the equipment was 'plant' within s 17(1)(b) of the Occupational Health and Safety Act 1983 involved a jurisdictional error" 'Whether the Full Bench of the Industrial Court had power to remit the matter for retrial after setting aside the acquittal under s 197A of the Industrial Relations Act 1996']

Ratio Decidendi

There was no jurisdictional error in the Full Bench's construction of 'plant' under the Occupational Health and Safety Act 1983—any error was within jurisdiction. However, the Full Bench committed a jurisdictional error by failing to decide the matter itself after setting aside the acquittal, as required by s 197A(7)(b) of the Industrial Relations Act 1996, and instead remitting it for retrial; such a course was not permissible. The remittal order and all consequential orders must be quashed.

Court Disposition

Partial relief granted: remittal and consequential proceedings quashed; costs orders set aside; proceedings remitted for proper determination.

Orders

  • ['Remove into the Court of Appeal the record of proceedings IRC 6649/2002, IRC 5012/2001, IRC 4243/2005.' 'Quash Orders 3 and 4 of the Full Bench in IRC 6649/2002.' 'In IRC 5012/2001, quash the finding of guilt and conviction against Bros Bins Systems Pty Ltd and Orders 2 and 3 made by Marks J on 22 July 2005.' 'In...