Benchmark WA Industrial Relations Case Database

Hancock Prospecting Pty Ltd v WorkSafe Western Australia Commissioner

[2022] WAIRC 91 Single Commissioner (WAIRC) 2022-03-02 File: OSHT 5/2021
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Hancock Prospecting Pty Ltd
Respondent: WorkSafe Western Australia Commissioner

Ratio

The Tribunal issued directions for the conduct of a review of a WorkSafe notice under s.51A of the Occupational Safety and Health Act 1984 (WA), setting out procedural requirements for service, document disclosure, evidence-in-chief by way of signed witness statements, and filing deadlines for witness statements and expert reports, with a further directions hearing to be fixed.

Outcome

Resolved adjourned

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Legislation referenced

  • Occupational Safety and Health Act 1984 (WA) s.51A
  • Industrial Relations Act 1979 (WA)

Concept tags · 5

[P]WHS prosecution [P]Discovery / inspection of documents [P]Witness outline timing & scope [P]Evidence — admissibility [S]Procedural fairness during workplace investigation
Archived text (321 words)
REVIEW OF NOTICE - S.51A - OSH ACT WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Hancock Prospecting Pty Ltd APPLICANT -v- WorkSafe Western Australia Commissioner RESPONDENT CORAM Commissioner T B Walkington DATE wedneSday, 2 March 2022 FILE NO. OSHT 5 OF 2021 CITATION NO. 2022 WAIRC 00091 Result Direction issued Representation Applicant Mr A Phillips (of counsel) Respondent Mr A Hay (of counsel) Direction HAVING heard from Mr A Phillips (of counsel) on behalf of the applicant and Mr A Hay (of counsel) on behalf of the respondent, the Tribunal, pursuant to the powers conferred under the Occupational Safety and Health Act 1984 (WA) and the Industrial Relations Act 1979 (WA), hereby directs: 1. THAT all matters requiring to be served on either party or the Tribunal may be served by email on each parties’ nominated email address and proof of service is by the email sent notification; 2. THAT each party is to provide documents or materials requested by the other party by 18 March 2022, unless the party objects to provision of any of the documents requested, such an objection should be made by that party filing a Form 1A application with the Tribunal at the earliest opportunity and by no later than 18 March 2022; 3. THAT evidence in chief in this matter be adduced by way of signed witness statements which will stand as evidence in chief; 4. THAT the applicant file and serve upon the respondent any witness statements and expert reports upon which it intends to rely by no later than 7 June 2022; 5. THAT the respondent file and serve upon the applicant any witness statements or expert reports upon which it intends to rely by no later than 8 July 2022; 6. THAT the application be listed for a further directions hearing on a date to be fixed; and 7. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington