Prime Marble & Granite Pty Ltd v Safework NSW

(2024) 332 IR 365; [2024] NSWCCA 105

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Employment and Industrial Law
2. › Work health and safety
3. › Prosecution of offences
4. › Limitation period for prosecution
5. › When offence first comes to notice of regulator
6. › Whether notice requires identification of specific individual exposed to risk
7. › Whether notice requires risk to have materialised
8. › Work Health & Safety Act 2011 (NSW), ss 32, 232(1)(a)
1. Employment and Industrial Law
2. › Work health and safety
3. › Category 2 offence
4. › Failure to comply with health and safety duty
5. › Meaning of 'exposes an individual to a risk of death or serious injury or illness'
6. › Whether offence requires manifestation of risk
7. › Work Health & Safety Act 2011 (NSW), s 32(c)
1. Appeal
2. › Standard of appellate review
3. › Interlocutory criminal appeal
4. › Decision to dismiss or refuse to dismiss summons as out of time
5. › Whether decision discretionary requiring House v The King error or binary requiring correctness standard
6. › Criminal Appeal Act 1912 (NSW), s 5F(3)

Quick Take

For s 32 WHS Act offences, the two-year limitation period in s 232(1)(a) commences when the regulator has notice that a failure exposes any individual to a risk of death or serious injury — it is not necessary for the regulator to know the identity of the specific individuals exposed or for the risk to have materialised.