An OH&S charge that identifies the relevant risk and, in its particulars, specifies the particular measures the defendant is alleged to have failed to take satisfies the Kirk requirements, even if words of general application such as 'adequate' or 'sufficient' are used — such words may give rise to an application for further and better particulars but do not invalidate the charge. The Application for Order must be read as a whole, including particulars, to determine whether the jurisdiction of the Industrial Court has been properly invoked. Section 193 of the Industrial Relations Act 1996 is not available for references to the Full Bench in criminal proceedings, by force of s 196(1).
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
5 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.