Benchmark WA Industrial Relations Case Database

Geoffrey Raymond Moran v WorkSafe WA Commissioner

[2020] WAIRC 793 Single Commissioner (WAIRC) 2020-09-08 File: OSHT 7/2020
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Geoffrey Raymond Moran
Respondent: WorkSafe WA Commissioner

Ratio

This is a procedural direction in a s.61A review of a WorkSafe decision under the Occupational Safety and Health Act 1984 (WA). The tribunal issued directions managing the conduct of the proceedings, including directions for service, document production, witness statements, submissions, and hearing arrangements.

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 · 9

  • Applicant Geoffrey Raymond Moran brought a review of decision against WorkSafe WA Commissioner under s.61A OSH Act
  • Directions issued for procedural management of the matter
  • Hearing listed for one day on a date to be fixed
  • factors_for
  • factors_against
  • principles_articulated
  • principles_applied_from_others
  • dissenting_judgements
  • None

Legislation referenced

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

Concept tags · 3

[P]Discovery / inspection of documents [P]Witness outline timing & scope [M]Leave for legal representation
Archived text (375 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 Tuesday, 8 September 2020 FILE NO. OSHT 7 OF 2020 CITATION NO. 2020 WAIRC 00793 Result Direction issued Representation Applicant Ms M Saraceni (of counsel) Respondent Ms T Hollaway (of counsel) Direction HAVING heard from Ms M Saraceni (of counsel) on behalf of the applicant and Ms T Hollaway (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 any request for production of documents or materials relevant to this matter for either party be by letter of request served no later than 15 September 2020; 3. THAT, subject to any valid objection(s), each party to provide relevant documents or materials requested by the other party by 22 September 2020; 4. THAT evidence in chief in this matter be adduced by way of signed witness statements which will stand as evidence in chief; 5. THAT the applicant file and serve upon the respondent any witness statements upon which he intends to rely by no later than 3 November 2020; 6. THAT the respondent file and serve upon the applicant any witness statements upon which it intends to rely by no later than 17 November 2020; 7. THAT the applicant file and serve upon the respondent and outline of submissions by no later than 24 November 2020; 8. THAT the respondent file and serve upon the applicant an outline of submissions by no later than 1 December 2020; 9. 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; 10. THAT the application be listed for hearing for one day on a date to be fixed; 11. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington