Deficient particularisation of OHS charges in the Industrial Court does not constitute jurisdictional error requiring the charges to be quashed, because the statutory curative provisions in ss 11 and 16 of the Criminal Procedure Act 1986 (NSW) apply and permit the charges to go forward, with further particulars to be supplied subsequently or charges to be amended under s 170 of the Industrial Relations Act 1996 (NSW) and ss 20-21 of the Criminal Procedure Act. An amendment adding further particulars to charges after expiry of the statutory limitation period does not constitute the commencement of new proceedings outside time. John L Pty Ltd v Attorney-General (NSW) is distinguished because it was decided without reference to the curative provisions that apply in the Industrial Court context.
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