A complaint under the Justices Act 1886 (Qld) that is defective for failure to identify the specific statutory obligation breached, or that is duplex, is not a nullity incapable of amendment. The proper procedure is to require the complainant to elect which offence to prosecute, strike out surplus allegations, and then permit amendment under s 48. The Industrial Court's erroneous finding that such complaints are nullities constitutes jurisdictional error reviewable by the Supreme Court. The question whether non-compliance with a statutory requirement renders a proceeding a nullity must be determined by asking whether it was a purpose of the legislation that an act done in breach of the provision should be invalid, applying Project Blue Sky.
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