Benchmark WA Industrial Relations Case Database

Steven Rossi v Worksafe Western Australia Commission

[2020] WAIRC 355 Single Commissioner (WAIRC) 2020-06-24 File: OSHT 4/2020
Source
Commissioner Walkington
Not yet cited by other cases
Applicant: Steven Rossi
Respondent: Worksafe Western Australia Commission

Ratio

The Tribunal issued procedural directions under the Occupational Safety and Health Act 1984 (WA) and Industrial Relations Act 1979 to manage the conduct of an OSH review application, including service protocols, document discovery timetables, witness outline requirements, and listing for final 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 · 4

  • Application filed under s61A OSH Act for review of a Worksafe decision
  • Applicant appeared in person; respondent appeared by counsel
  • Matter listed for hearing for one day; date to be fixed
  • Case involved procedural case management in OSH tribunal context

Legislation referenced

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

Concept tags · 7

[P]WHS prosecution [P]Discovery / inspection of documents [P]Witness outline timing & scope [S]Subpoena / witness summons [S]Time limits for filing [M]Procedural fairness during workplace investigation [M]Jurisdictional objection
Archived text (355 words)
REVIEW OF DECISION - S.61A - OSH ACT WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Steven Rossi APPLICANT -v- Worksafe Western Australia Commission RESPONDENT CORAM Commissioner T B Walkington DATE Wednesday, 24 June 2020 FILE NO. OSHT 4 OF 2020 CITATION NO. 2020 WAIRC 00355 Result Direction issued Representation Applicant Mr Steven Rossi Respondent Mr Joseph Lloyd (of counsel) Direction HAVING heard from Mr S Rossi on his own behalf and Mr J Lloyd (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, 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 for either party be by letter of request served no later than 8 July 2020; 3. THAT each party to provide documents or materials requested by the other party by 15 July 2020; 4. THAT the applicant file and serve upon the respondent any outline of witness evidence upon which he intends to rely by no later than 29 July 2020; 5. THAT the respondent file and serve upon the applicant any outline of witness evidence or witness statements upon which it intends to rely by no later than 12 August 2020; 6. THAT the applicant file and serve upon the respondent an outline of submissions by no later than 14 days before the date listed for hearing; 7. THAT the respondent file and serve upon the applicant an outline of submissions by no later than 7 days before the date listed for hearing; 8. THAT the parties shall give notice to each other of any witnesses required to attend the hearing for cross-examination by 5 days before the date listed for hearing; 9. THAT the application be listed for hearing for one day on a date to be fixed; and 10. THAT the parties have liberty to apply on short notice. Commissioner T B Walkington