Benchmark WA Industrial Relations Case Database

Geoffrey Raymond Moran v WorkSafe WA Commissioner

[2021] WAIRC 51 Single Commissioner (WAIRC) 2021-03-03 File: OSHT 7/2020
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Geoffrey Raymond Moran
Respondent: WorkSafe WA Commissioner

Ratio

The Tribunal issued procedural directions for the conduct of a review of a WorkSafe WA Commissioner decision under the Occupational Safety and Health Act 1984 (WA), establishing timetables for witness statements, submissions, and a hearing scheduled for 21-23 April 2021.

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 · 3

  • Application brought by Geoffrey Raymond Moran against WorkSafe WA Commissioner
  • Review of WorkSafe decision under s61A OSH Act
  • Procedural directions issued for case management

Legislation referenced

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

Concept tags · 6

[P]Witness outline timing & scope [P]Time limits for filing [S]Discovery / inspection of documents [S]Evidence — admissibility [S]Judicial review grounds [M]Leave for legal representation
Archived text (334 words)
REVIEW OF DECISION - S.61A - OSH ACT WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Geoffrey Raymond Moran APPLICANT -v- WorkSafe WA Commissioner RESPONDENT CORAM Commissioner T B Walkington DATE WEDNESDAY, 3 march 2021 FILE NO. OSHT 7 OF 2020 CITATION NO. 2021 WAIRC 00051 Result Direction issued Representation Applicant Ms V Kafentzis (of counsel) Respondent Ms S Arif (of counsel) Direction HAVING heard from Ms V Kafentzis (of counsel) on behalf of the applicant and Ms S Arif (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 evidence in chief in this matter be adduced by way of signed witness statements which will stand as evidence in chief; 2. THAT the applicant file and serve upon the respondent any witness statements upon which he intends to rely by no later than 5 March 2021; 3. THAT the respondent file and serve upon the applicant any witness statements upon which it intends to rely by no later than12 March 2021; 4. THAT the respondent be at liberty to adduce further evidence in chief if required as a result of the amended date of Direction 2 by 26 March 2021; 5. THAT the parties provide any rebuttal statements by 26 March 2021; 6. THAT the applicant file and serve upon the respondent an outline of submissions by no later than 1 April 2021; 7. THAT the respondent file and serve upon the applicant an outline of submissions by no later than 9 April 2021; 8. THAT the parties shall give notice to each other of any witnesses required to attend the hearing for cross-examination at least 3 days prior to the hearing 16 April 2021; 9. THAT the matter is listed for 3 days on 21 April 2021, 22 April 2021 and 23 April 2021; and 10. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington