Rodney Dale Morrison v Coal Operations Australia Limited [2003] NSWIRComm 249

Rodney Dale Morrison v Coal Operations Australia Limited [2003] NSWIRComm 249

The defendant made out the s 33(2) defence because the relevant work and support practices conformed with support rules made under associated occupational health and safety legislation, including the rule permitting work beyond the last test hole or temporary support after the roof had been sounded and found secure. Alternatively, even if that defence were unavailable, the prosecution did not prove beyond reasonable doubt a relevant failure by the defendant under s 15(1): the roof fall resulted from hidden geological conditions not able to be anticipated by standard available testing procedures, the crew responded to deteriorating conditions by closer bolting, and the evidence did not...

Jurisdiction
Australia
Judgment Date
15 August 2003
Procedural Posture
Prosecution Under S 15(1) of the Occupational Health and Safety Act 1983 / Judgment After Hearing; Defendant Pleaded Not Guilty
Outcome
Defendant found not guilty of both charges; charges dismissed; question of costs reserved.
Legal Topics
['roof Fall in Coal Mine' 'safe Systems of Work' 'roof Bolting Procedures' 'assessment of Roof Stability' 'associated Occupational Health and Safety Legislation Defence' 'coal Mine Support Rules']
['occupational Health and Safety' 'coal Mining Regulation' 'criminal Prosecution'] ['roof Fall in Coal Mine' 'safe Systems of Work' 'roof Bolting Procedures' 'assessment of Roof Stability' 'associated Occupational Health and Safety Legislation Defence' 'coal Mine Support Rules']

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Procedural Posture

Prosecution Under S 15(1) of the Occupational Health and Safety Act 1983 / Judgment After Hearing; Defendant Pleaded Not Guilty

Legal Issues

  1. 1 ['Whether s 33(2) of the Occupational Health and Safety Act 1983 provided a defence because the acts or omissions alleged were expressly required or permitted by associated occupational health and safety legislation, including the Coal Mines Regulation Act 1982, regulations and support rules.' 'Whether the defendant failed to provide or maintain systems of work that were safe and without risks to health in relation to erection of roof support during roof bolting.' 'Whether the defendant failed to provide or maintain systems of work that were safe and without risks to health in relation to assessing the stability of the roof structure.' 'Whether any relevant failure by the defendant was causally connected with the risk to employee health, safety and welfare.']

Ratio Decidendi

The defendant made out the s 33(2) defence because the relevant work and support practices conformed with support rules made under associated occupational health and safety legislation, including the rule permitting work beyond the last test hole or temporary support after the roof had been sounded and found secure. Alternatively, even if that defence were unavailable, the prosecution did not prove beyond reasonable doubt a relevant failure by the defendant under s 15(1): the roof fall resulted from hidden geological conditions not able to be anticipated by standard available testing procedures, the crew responded to deteriorating conditions by closer bolting, and the evidence did not...

Court Disposition

Defendant found not guilty of both charges; charges dismissed; question of costs reserved.

Orders

  • ['The defendant is not guilty of the charges in IRC6726 of 2001 and IRC6727 of 2001.' 'The charges are dismissed.' 'The question of costs is reserved.']