The recent High Court decision of Kirk v Industrial Relations Commission concerned, inter alia, the requisite particularity for a valid charge under NSW OH&S legislation. Recently, in the case of N.K. Collins Industries Pty Ltd v Peter Vincent Twigg (Unreported, Hall P, 27 April 2010, C/2009/56), the Industrial Court of Queensland refused to apply the Kirk decision in relation to a charge under the Queensland Work Safety Legislation.
Norton Rose has the scoop.
The decision can be found here.
The Court found the particular offence charged to be significantly different to that in Kirk. Indeed, the Court in Kirk said that (at [16]) "The scheme of [the NSW] legislation stood apart from other legislation of this type in Australia." In any event its an interesting development for those interested in the formulation of charges under such legislation and a pretty bold move by the Industrial Court given the controversy surrounding Kirk.
[HT - David Cormack for the pointer]
1 day ago
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