Inadequately particularised OHS charges under the Occupational Health and Safety Act 2000 (NSW) are not nullities and can be cured by amendment or further particularisation under s 170 of the Industrial Relations Act 1996 (NSW) or s 16(2) of the Criminal Procedure Act 1986 (NSW), provided the charge describes an offence known to law and procedural unfairness is not caused. The entry of guilty pleas does not preclude the exercise of the power to amend. Whether amendment would cause procedural unfairness is a question for the trial court, not the supervisory court.
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