Inspector Wong v Clarence Valley Council [2006] NSWIRComm 250

Inspector Wong v Clarence Valley Council [2006] NSWIRComm 250

Section 123 of the Occupational Health & Safety Act 2000 has the purpose and effect of transferring criminal liability from one government corporation to another where the latter is a successor government corporation. Clarence Valley Council was a government corporation and, under the Proclamation, was the successor to Copmanhurst Shire Council; clause 16 transferred liabilities and defined liabilities to include liabilities relating to criminal acts. Accordingly, criminal liability incurred by Copmanhurst Shire Council was transferred to Clarence Valley Council on 25 February 2004, and the requested declaration that Clarence Valley Council was not liable was refused.

Jurisdiction
Australia
Judgment Date
10 August 2006
Procedural Posture
Prosecution Under S 8(1) of the Occupational Health & Safety Act 2000 and Notice of Motion for Declaratory Relief / Notice of Motion Seeking Declaration That Defendant Is Not Liable for Alleged Predecessor Contravention
Outcome
Declaratory relief refused; notice of motion dismissed.
Legal Topics
['successor Liability of Government Corporations' 'transfer of Criminal Liability' 'dissolution and Amalgamation of Local Councils' 'declaratory Relief' 'occupational Health & Safety Act 2000 S 123']
['occupational Health and Safety' 'statutory Interpretation' 'local Government' 'criminal Liability'] ['successor Liability of Government Corporations' 'transfer of Criminal Liability' 'dissolution and Amalgamation of Local Councils' 'declaratory Relief' 'occupational Health & Safety Act 2000 S 123']

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Procedural Posture

Prosecution Under S 8(1) of the Occupational Health & Safety Act 2000 and Notice of Motion for Declaratory Relief / Notice of Motion Seeking Declaration That Defendant Is Not Liable for Alleged Predecessor Contravention

Legal Issues

  1. 1 ['Whether Clarence Valley Council could be held liable for an alleged contravention of the Occupational Health & Safety Act 2000 committed by Copmanhurst Shire Council before Clarence Valley Council existed.' 'Whether s 123 of the Occupational Health & Safety Act 2000 transfers criminal liability from a dissolved government corporation to its successor government corporation.' 'Whether Clarence Valley Council was a successor to Copmanhurst Shire Council.' 'Whether the Proclamation under the Local Government Act 1993 (NSW) transferred liabilities including liabilities relating to criminal acts.' 'Whether the declaration sought by the defendant should be granted.']

Ratio Decidendi

Section 123 of the Occupational Health & Safety Act 2000 has the purpose and effect of transferring criminal liability from one government corporation to another where the latter is a successor government corporation. Clarence Valley Council was a government corporation and, under the Proclamation, was the successor to Copmanhurst Shire Council; clause 16 transferred liabilities and defined liabilities to include liabilities relating to criminal acts. Accordingly, criminal liability incurred by Copmanhurst Shire Council was transferred to Clarence Valley Council on 25 February 2004, and the requested declaration that Clarence Valley Council was not liable was refused.

Court Disposition

Declaratory relief refused; notice of motion dismissed.

Orders

  • ['The notice of motion is dismissed.' "The usual cost order would be that the defendant pay the prosecution's costs, as agreed, or assessed. If there is any disagreement about the terms of that order, the parties have liberty to apply, which should be exercised within 21 days." 'This matter is listed for plea and/or...