Department of Planning and Environment v Chaplin; Department of Planning and Environment v Moolarben Coal Operations Pty Ltd [2020] NSWDC 361

Department of Planning and Environment v Chaplin; Department of Planning and Environment v Moolarben Coal Operations Pty Ltd [2020] NSWDC 361

The Court granted leave because it had power under ss 20 and 21 of the Criminal Procedure Act 1986 to amend the summonses, s 230(2) of the Work Health and Safety Act 2011 authorised continuation of the proceedings in Inspector Orr's name by reference to his 14 May 2020 authorisation, and the proposed amendments to the pleaded case against Mr Chaplin were supported by the pleaded facts and would not cause injustice or irreparable prejudice, with any lost advantage being merely tactical.

Jurisdiction
Australia
Judgment Date
13 July 2020
Procedural Posture
Criminal Proceedings for Offences Under the Work Health and Safety Act 2011 / Application for Leave to File a Third Amended Summons
Outcome
Leave granted to file the Third Amended Summons; service directed; costs reserved.
Legal Topics
['amendment of Indictment or Summons' 'substitution of Prosecutor' 'summary Criminal Proceedings in the District Court' 'without Prejudice Communications in Criminal Proceedings' 'health and Safety Duties']
['criminal Procedure' 'work Health and Safety'] ['amendment of Indictment or Summons' 'substitution of Prosecutor' 'summary Criminal Proceedings in the District Court' 'without Prejudice Communications in Criminal Proceedings' 'health and Safety Duties']

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Procedural Posture

Criminal Proceedings for Offences Under the Work Health and Safety Act 2011 / Application for Leave to File a Third Amended Summons

Legal Issues

  1. 1 ['Whether the Court had power to amend the summonses to substitute Stephen James Orr as prosecutor.' "Whether Inspector Orr's authorisation was sufficient to continue the proceedings under s 230 of the Work Health and Safety Act 2011." 'Whether the proposed amendments to the pleaded case against Mr Chaplin could be made without injustice.' 'Whether the amendments concerning a recommendation rather than a direction were impermissibly based on without prejudice representations.']

Ratio Decidendi

The Court granted leave because it had power under ss 20 and 21 of the Criminal Procedure Act 1986 to amend the summonses, s 230(2) of the Work Health and Safety Act 2011 authorised continuation of the proceedings in Inspector Orr's name by reference to his 14 May 2020 authorisation, and the proposed amendments to the pleaded case against Mr Chaplin were supported by the pleaded facts and would not cause injustice or irreparable prejudice, with any lost advantage being merely tactical.

Court Disposition

Leave granted to file the Third Amended Summons; service directed; costs reserved.

Orders

  • ['I grant leave to the prosecutor to file the Third Amended Summons in the form proposed, on or before 4.00pm on 27 July 2020.' 'I direct that the prosecutor serve the Third Amended Summons on or before 4.00pm on 3 August 2020.' 'I reserve the question of costs of the amendment application and the case readiness...