The Court held that s 20 of the Criminal Procedure Act 1986 (NSW) provides power to amend a Summons commencing summary WHS proceedings, notwithstanding the textual reference to 'presentation' of an indictment, but noted the legislature should address this issue. Where a WHS prosecution Summons is sought to be amended after expiry of the s 232 limitation period, amendments that clarify existing allegations and better expose the case the defendant must meet are permissible, but amendments introducing genuinely new and expanded allegations require leave under s 232(2)-(3); the Statement of Facts served with the Brief of Evidence is relevant to construing the scope of the original pleadings but does not give carte blanche to introduce new measures. The Court also held that the filing of an interlocutory motion to amend does not constitute an 'adjournment' of proceedings for the purposes of s 257F costs orders.
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