Inspector Stevens v Harrison [2011] NSWIRComm 80

Inspector Stevens v Harrison [2011] NSWIRComm 80

No question of law arose at or in reference to the proceedings within s 5AE because the Court had already determined that the Industrial Court's jurisdiction was properly invoked, the charge satisfied the essential legal elements, the application for order was not grossly deficient or void, and the application could be amended. The proposed questions raised no new question of law or principle, had been addressed in existing authorities, and provided no sound basis to interfere with the criminal justice process.

Jurisdiction
Australia
Judgment Date
24 June 2011
Procedural Posture
Occupational Health and Safety Prosecution; Notice of Motion Seeking Reference of Questions of Law to Full Bench / Before Plea; Defendant's Application for Referral Under S 5 AE of the Criminal Appeal Act 1912 as Applied by S 196 of the Industrial Relations Act 1996
Outcome
Application refused; the Court declined to refer the defendant's questions of law to a Full Bench.
Legal Topics
['reference of Questions of Law' 'interlocutory Criminal Proceedings' 'validity and Amendment of Application for Order' 'director Liability Under Occupational Health and Safety Legislation']
['occupational Health and Safety' 'criminal Procedure' 'industrial Law'] ['reference of Questions of Law' 'interlocutory Criminal Proceedings' 'validity and Amendment of Application for Order' 'director Liability Under Occupational Health and Safety Legislation']

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Procedural Posture

Occupational Health and Safety Prosecution; Notice of Motion Seeking Reference of Questions of Law to Full Bench / Before Plea; Defendant's Application for Referral Under S 5 AE of the Criminal Appeal Act 1912 as Applied by S 196 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ['Whether questions of law should be submitted to a Full Bench under s 5AE(1) of the Criminal Appeal Act 1912 as applied by s 196 of the Industrial Relations Act 1996.' "Whether the application for order was invalid, bad at law, a nullity, or outside the Court's jurisdiction." 'Whether the prosecutor failed to comply with s 26 of the Occupational Health and Safety Act 2000.' "Whether an invalid, bad at law, null, or otherwise defective application for order could be amended on the prosecutor's application."]

Ratio Decidendi

No question of law arose at or in reference to the proceedings within s 5AE because the Court had already determined that the Industrial Court's jurisdiction was properly invoked, the charge satisfied the essential legal elements, the application for order was not grossly deficient or void, and the application could be amended. The proposed questions raised no new question of law or principle, had been addressed in existing authorities, and provided no sound basis to interfere with the criminal justice process.

Court Disposition

Application refused; the Court declined to refer the defendant's questions of law to a Full Bench.

Orders

  • ['I find that no issue arises at or in reference to these proceedings within the meaning of s 5AE of the Criminal Appeal Act 1912.' 'I decline to exercise my discretion to refer the questions of law submitted by the defendant to a Full Bench of the Court.' 'I reserve the question of costs.' 'This matter is listed...