Inspector Walker v Roads and Maritime Services [2012] NSWIRComm 105

Inspector Walker v Roads and Maritime Services [2012] NSWIRComm 105

The Full Bench declined to answer the referred question because there was no adequate factual basis for resolving whether the pleaded particulars could establish an offence under s 10(1). The statement of facts was not binding, and the question, framed around what the particulars 'can' establish, was in substance hypothetical. In those circumstances, a question under s 5AE should not be determined by the Full Bench, and the matter had to be returned to the trial judge for disposal.

Jurisdiction
Australia
Judgment Date
14 September 2012
Procedural Posture
Occupational Health and Safety Prosecution Under S 10(1) of the Occupational Health and Safety Act 2000 / Question of Law Referred to Full Bench Under S 5 AE of the Criminal Appeal Act 1912 by Virtue of S 196 of the Industrial Relations Act 1996
Outcome
The Full Bench declined to answer the question referred under s 5AE and returned the matter to the trial judge for disposal.
Legal Topics
['validity of Charge' 'duties of Controllers of Work Premises' 'particulars of Offence' 'question of Law Referred to Full Bench' 'hypothetical Questions on Stated Case']
['occupational Health and Safety' 'industrial Law' 'criminal Procedure'] ['validity of Charge' 'duties of Controllers of Work Premises' 'particulars of Offence' 'question of Law Referred to Full Bench' 'hypothetical Questions on Stated Case']

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Procedural Posture

Occupational Health and Safety Prosecution Under S 10(1) of the Occupational Health and Safety Act 2000 / Question of Law Referred to Full Bench Under S 5 AE of the Criminal Appeal Act 1912 by Virtue of S 196 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ['Whether the particulars of the charge contained in the Application for Order, if proved, could establish the elements of an offence under s 10(1) of the Occupational Health and Safety Act 2000.' 'Whether s 10(1) is confined to risks arising from the physical or inherent condition of premises or extends to premises rendered unsafe by systems of work or activities conducted on them.' 'Whether the Full Bench should answer the referred question in the absence of an established factual matrix.']

Ratio Decidendi

The Full Bench declined to answer the referred question because there was no adequate factual basis for resolving whether the pleaded particulars could establish an offence under s 10(1). The statement of facts was not binding, and the question, framed around what the particulars 'can' establish, was in substance hypothetical. In those circumstances, a question under s 5AE should not be determined by the Full Bench, and the matter had to be returned to the trial judge for disposal.

Court Disposition

The Full Bench declined to answer the question referred under s 5AE and returned the matter to the trial judge for disposal.

Orders

  • ['The Full Bench declines to answer the question referred under s 5AE and returns the matter to the trial judge for disposal.']