A prosecution under s 24 of the Workplace Health and Safety Act 1995 (Qld) must identify the specific measure or measures which should have been taken to ensure workers' safety from the risk; a complaint that merely repeats the words of s 28(1) without identifying any act or omission is insufficient and conviction on such a complaint constitutes jurisdictional error. The High Court's approach in Kirk applies to the Queensland Act notwithstanding differences in the statutory schemes. On judicial review of an appellate tribunal's decision, the reviewing court cannot quash the original decision-maker's decision if the jurisdictional error was that of the appellate tribunal.
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