Rodney Morrison v Dartbrook Coal Pty Ltd and Tecrete Industries Pty Ltd. [2002] NSWIRComm 127

Rodney Morrison v Dartbrook Coal Pty Ltd and Tecrete Industries Pty Ltd. [2002] NSWIRComm 127

The written approval of the Director General, evidenced by the signed memorandum, constituted valid written consent under s 48(1)(a) of the Occupational Health and Safety Act 1983 to institute prosecutions against the defendants, and there is no statutory requirement for the consent to nominate a particular individual as prosecutor; the challenges to validity are dismissed.

Parties
Prosecutor: Rodney Morrison; Defendant: Dartbrook Coal Pty Ltd; Defendant: Tecrete Industries Pty Ltd
Jurisdiction
Australia
Judgment Date
11 June 2002
Procedural Posture
Criminal Prosecution / Interlocutory Motion – Challenge to Validity of Prosecution and Consent to Institute Proceedings
Outcome
Notice of motions dismissed; prosecutions upheld.
Legal Topics
Consent to Prosecute, Statutory Construction, Procedural Requirements for Prosecution
Occupational Health and Safety Criminal Procedure Statutory Interpretation Consent to Prosecute Statutory Construction Procedural Requirements for Prosecution

Case Brief

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Parties

Rodney Morrison

Prosecutor

Dartbrook Coal Pty Ltd

Defendant

Tecrete Industries Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Interlocutory Motion – Challenge to Validity of Prosecution and Consent to Institute Proceedings

Legal Issues

  1. 1 Whether the prosecutions were validly instituted under s 48(1)(a) of the Occupational Health and Safety Act 1983; Whether the Director General’s written consent was required to be granted to a nominated person; Whether the internal memorandum constituted valid written consent to prosecute; Relevance of departmental practice and custom in granting consent

Ratio Decidendi

The written approval of the Director General, evidenced by the signed memorandum, constituted valid written consent under s 48(1)(a) of the Occupational Health and Safety Act 1983 to institute prosecutions against the defendants, and there is no statutory requirement for the consent to nominate a particular individual as prosecutor; the challenges to validity are dismissed.

Court Disposition

Notice of motions dismissed; prosecutions upheld.

Orders

  • Notice of Motion filed by each defendant is dismissed.
  • Defendants are to pay the costs of the prosecution in relation to each Notice of Motion.