Inspector Sequeira v O'Neill Shows Pty Ltd [2003] NSWIRComm 18

Inspector Sequeira v O'Neill Shows Pty Ltd [2003] NSWIRComm 18

Because the proceedings were validly commenced by filing the application for order and supporting affidavit on 7 January 2003, and the Commission had power under s 170 of the Industrial Relations Act 1996 and r 148 of the Industrial Relations Commission Rules 1996 to allow amendment of documents in the proceedings, leave was granted to amend the offence date to 7 January 2001 and an order to appear would issue.

Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Prosecution Under Section 16(1) of the Occupational Health and Safety Act 1983 / Notice of Motion to Amend Application for Order Under S 4(1) of the Supreme Court (summary Jurisdiction) Act 1967
Outcome
Leave granted to amend the application and supporting affidavit; order to be issued for the defendant to appear before the Commission in Court Session.
Legal Topics
['amendment of Application for Order' 'commencement of Proceedings' 'limitation Period Objection' 'order to Appear']
['occupational Health and Safety' 'industrial Relations Procedure'] ['amendment of Application for Order' 'commencement of Proceedings' 'limitation Period Objection' 'order to Appear']

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Procedural Posture

Prosecution Under Section 16(1) of the Occupational Health and Safety Act 1983 / Notice of Motion to Amend Application for Order Under S 4(1) of the Supreme Court (summary Jurisdiction) Act 1967

Legal Issues

  1. 1 ['Whether the prosecution should be granted leave to amend the application for order and supporting affidavit to correct the date of the alleged offence.' 'Whether the proceedings were out of time because more than two years had elapsed since the alleged offence.']

Ratio Decidendi

Because the proceedings were validly commenced by filing the application for order and supporting affidavit on 7 January 2003, and the Commission had power under s 170 of the Industrial Relations Act 1996 and r 148 of the Industrial Relations Commission Rules 1996 to allow amendment of documents in the proceedings, leave was granted to amend the offence date to 7 January 2001 and an order to appear would issue.

Court Disposition

Leave granted to amend the application and supporting affidavit; order to be issued for the defendant to appear before the Commission in Court Session.

Orders

  • ['Leave is granted to the prosecution to amend the application for order and the affidavit in support of the application for order filed in these proceedings on 7 January 2003 by changing the date of the offence to 7 January 2001.' 'On the basis of the amended application and supporting affidavit the Commission will...