Williamson v Betterlay Brick and Block Laying Pty Ltd

(2020) 3 QR 594; [2020] QCA 52

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Particular Offences
3. › Workplace Health and Safety Offences
4. › Failure to comply with health and safety duty
5. › Whether offence under s 33 is a continuing offence
6. › Whether duty continues after risk-creating work completed
7. › Work Health and Safety Act 2011 (Qld), ss 18, 19(2), 33
1. Criminal Law
2. › Elements of Offences
3. › Date of offence
4. › Whether date particularised in complaint is an essential element
5. › General rule that date is not a material fact
6. › Exceptions to general rule
7. › Work Health and Safety Act 2011 (Qld), s 33
1. Criminal Law
2. › Appeal and New Trial
3. › Appeal from District Court to Court of Appeal
4. › Leave to appeal under s 118 District Court of Queensland Act 1967 (Qld)
5. › Whether appeal necessary to correct substantial injustice
6. › Whether issue of general importance
1. Statutory Interpretation
2. › Purposive construction
3. › Construction of workplace health and safety legislation
4. › Continuing offences
5. › Whether general terms of statute indicate offence is continuing
6. › Work Health and Safety Act 2011 (Qld), ss 18, 19(2), 33

Quick Take

Section 33 of the Work Health and Safety Act 2011 (Qld) may give rise to a continuing offence; the duty under s 19(2) does not expire when the risk-creating work is completed but continues so long as the state of affairs constituting the breach persists. The date of the offence as particularised in a complaint is not an essential element of the s 33 offence that the prosecution must prove beyond reasonable doubt. Prosecutors should consider formulating complaints to capture continuing failures, including post-completion failures to warn or mitigate.