Benchmark WA Industrial Relations Case Database

Andrew Paul Nylund v Government of Western Australia WorkSafe Western Australia Commissioner

[2021] WAIRC 518 Single Commissioner (WAIRC) 2021-09-28 File: OSHT 6/2021
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Andrew Paul Nylund
Respondent: Government of Western Australia WorkSafe Western Australia Commissioner

Ratio

This is a procedural directions hearing under s.61A of the Occupational Safety and Health Act 1984 (WA) and the Industrial Relations Act 1979 (WA). The tribunal issued case management directions for the conduct of the proceedings, including discovery, witness statements, and listing for hearing.

Outcome

Resolved other

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.

Key facts · 7

  • Applicant Andrew Paul Nylund brought application for review of decision under s.61A OSH Act
  • Matter concerns WorkSafe Western Australia Commissioner as respondent
  • This is a directions hearing for case management purposes
  • Parties directed to provide informal discovery by 6 October 2021
  • Respondent to provide signed witness statements by 17 November 2021
  • Applicant to provide outline of witness evidence by 3 November 2021
  • Matter listed for 1-day hearing on date to be fixed

Legislation referenced

  • Occupational Safety and Health Act 1984 (WA) s61A
  • Industrial Relations Act 1979 (WA)

Concept tags · 4

[P]Discovery / inspection of documents [P]Witness outline timing & scope [S]WHS prosecution [S]Evidence — admissibility
Archived text (296 words)
REVIEW OF DECISION - S.61A - OSH ACT WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Andrew Paul Nylund APPLICANT -v- Government of Western Australia WorkSafe Western Australia Commissioner RESPONDENT CORAM Commissioner T B Walkington DATE Tuesday, 28 September 2021 FILE NO. OSHT 6 OF 2021 CITATION NO. 2021 WAIRC 00518 Result Directions issued Representation Applicant Mr A Nylund Respondent Ms A Sukoski (of counsel) Direction HAVING heard from the applicant in person and Ms A Sukoski (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 each party shall give informal discovery by serving its list of documents on each other by no later than 6 October 2021; 2. THAT inspection and provision of the documents to each other shall be completed by no later than 20 October 2021 3 THAT the applicant file and serve upon the respondent any outline of witness evidence upon which they intend to rely by no later than 3 November 2021 4 THAT the respondent file and serve upon the applicant any signed witness statements upon which they intend to rely by no later than 17 November 2021 5 THAT the respondent’s evidence in chief in this matter be adduced by signed witness statements which will stand as the evidence in chief on this matter; 6 THAT the applicant give notice to the respondent of witnesses they require to attend at the proceedings for the purposes of cross-examination by no later than 1 December 2021 7 THAT the matter be listed for hearing for 1 day on a date to be fixed 8 THAT the parties have liberty to apply on short notice Commissioner T B Walkington