Diona Pty Ltd v SafeWork NSW [2024] NSWIRComm 1068

Diona Pty Ltd v SafeWork NSW [2024] NSWIRComm 1068

The inspector did not make adequate or reasonable inquiries, particularly as to Cahill's role and systems, and thus lacked an objective factual foundation on which to reasonably believe Diona was contravening section 19 of the WHS Act or clause 300 of the WHS Regulation. The internal review and original improvement notice should be revoked due to the absence of sufficient facts and failures in the inquiry process.

Parties
Applicant: Diona Pty Ltd; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
External Review / Final Determination
Outcome
external review upheld, improvement notice revoked
Legal Topics
Improvement Notice, External Review, Reasonable Belief, Principal Contractor Obligations
Industrial Relations Work Health and Safety Improvement Notice External Review Reasonable Belief Principal Contractor Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Diona Pty Ltd

Applicant

SafeWork NSW

Respondent

Procedural Posture

External Review / Final Determination

Legal Issues

  1. 1 Whether there were facts which could found a reasonable belief that a contravention has occurred
  2. 2 Whether the inspector made reasonable inquiries before issuing the improvement notice
  3. 3 Whether the obligations under section 19 WHS Act and clause 300 WHS Regulation were contravened by Diona as principal contractor

Ratio Decidendi

The inspector did not make adequate or reasonable inquiries, particularly as to Cahill's role and systems, and thus lacked an objective factual foundation on which to reasonably believe Diona was contravening section 19 of the WHS Act or clause 300 of the WHS Regulation. The internal review and original improvement notice should be revoked due to the absence of sufficient facts and failures in the inquiry process.

Court Disposition

external review upheld, improvement notice revoked

Orders

  • The external review is upheld.
  • The internal review decision made by the SafeWork reviewer on 19 October 2022 is revoked.