DPP v Patrick Stevedores Holdings Pty Ltd; Victorian WorkCover Authority v Patrick Stevedores Holdings Pty Ltd

(2012) 296 ALR 156; [2012] VSCA 300

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Procedural fairness
3. › Prosecutorial decisions
4. › Whether Director of Public Prosecutions required to afford procedural fairness before authorising prosecution outside limitation period
5. › Whether decision prosecutorial in nature and insusceptible of judicial review
6. › Occupational Health and Safety Act 2004 (Vic), s 132
1. Criminal Law
2. › Prosecution
3. › Limitation periods
4. › Whether two-year limitation period applies to prosecutions by Director of Public Prosecutions
5. › Whether putative defendant acquires right or immunity from prosecution upon expiry of limitation period
6. › Occupational Health and Safety Act 2004 (Vic), s 132
7. › Criminal Procedure Act 2009 (Vic), ss 7(2), 159(2)
1. Statutes
2. › Interpretation
3. › Occupational health and safety legislation
4. › Construction of limitation period provision
5. › Whether provision 'otherwise provides' so as to limit Director's power to prosecute indictable offences at any time
6. › Occupational Health and Safety Act 2004 (Vic), ss 130, 132
7. › Criminal Procedure Act 2009 (Vic), s 159(2)
1. Practice and Procedure
2. › Precedent
3. › Conflicting decisions of intermediate appellate courts
4. › Whether intermediate appellate court bound to follow 'seriously considered dicta' of other intermediate appellate courts
5. › Meaning of 'plainly wrong'
6. › Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89

Quick Take

The Director of Public Prosecutions may prosecute indictable offences under the OHS Act (Vic) at any time without being constrained by the two-year limitation period in s 132, which applies only to prosecutions by the Authority and authorised inspectors. The Director's decision to authorise prosecution under s 132(b) is an exercise of prosecutorial discretion not amenable to judicial review and does not attract procedural fairness obligations. The Farah Constructions principle requiring intermediate appellate courts to follow 'seriously considered dicta' applies only to dicta of the High Court, not to dicta of other intermediate appellate courts.