JBS Australia Pty Ltd v SafeWork NSW

[2024] NSWCCA 209

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Exercise of summary jurisdiction
4. › Nature of appeal under s 5AA Criminal Appeal Act 1912 (NSW)
5. › Appeal 'in the strict sense'
6. › Whether finding of error necessary for appellate intervention
7. › Whether principles applicable to appeal by way of rehearing apply
8. › Criminal Appeal Act 1912 (NSW), s 5AA
1. Employment and Industrial Law
2. › Work health and safety
3. › Scope of health and safety duty
4. › Risk assessment
5. › Adequacy of safe work procedures
6. › Adequacy of information, training and instruction
7. › Whether steps not taken were reasonably practicable
8. › Work Health and Safety Act 2011 (NSW), ss 19, 32
1. Employment and Industrial Law
2. › Work health and safety
3. › Causation
4. › Whether failure to undertake risk assessment and provide training was significant or substantial cause of exposure to risk
5. › Work Health and Safety Act 2011 (NSW), s 32
1. Criminal Law
2. › Penalty
3. › Fine
4. › Payment of moiety to prosecutor
5. › Summary criminal proceedings
6. › Prosecution by agency of State
7. › Whether moiety payable where prosecutor is statutory law enforcement agency rather than police officer
8. › Fines Act 1996 (NSW), s 122(2)

Quick Take

An appeal under s 5AA of the Criminal Appeal Act 1912 (NSW) requires demonstration of error by the trial judge; the principles in Fox v Percy and Warren v Coombes applicable to appeals by way of rehearing do not apply, and the scope of inquiry is more limited than on an appeal by way of rehearing.