The guiding principle of the Supreme Court of South Australia is not to grant permission to appeal under s 191(1)(b) of the Fair Work Act 1994 (SA) when the grant would result in no more than a re-examination of facts already considered at the appellate level. This is not a hard and fast rule, but a sound guiding principle; the ultimate question remains whether it is in the interests of justice to grant permission. The seriousness of a workplace safety incident and its consequences, while relevant, may not be sufficient to outweigh this guiding principle.
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