Barrett v Department of Education trading as State of New South Wales (Department of Education)

The case of Barrett v Department of Education trading as State of New South Wales (Department of Education) involved the plaintiff, Barrett, who filed proceedings against the defendant, the Department of Education, alleging workplace injuries. The proceedings were initiated prior to the amendments made to the Work Health and Safety Act 2011 (NSW) by the Industrial Relations Amendment Act 2025 (NSW). The matter was initially heard in the Federal Circuit Court but was subsequently transferred to the Supreme Court. The central issue before the court was whether the proceedings should remain in the Federal Circuit Court or be transferred to the Supreme Court, given the legislative changes that occurred during the pendency of the case.

The court had to determine whether the amendments to the Work Health and Safety Act 2011 (NSW) rendered the Federal Circuit Court's jurisdiction over the proceedings inapplicable. The court considered the legislative intent behind the amendments, the nature of the claims being made, and the jurisdiction of the courts involved. The court's analysis focused on the interplay between the Federal Circuit Court's jurisdiction and the specific provisions of the amended legislation. Ultimately, the court found that the changes to the Work Health and Safety Act 2011 (NSW) had a significant impact on the jurisdictional considerations of the case.

In its reasoning, the court held that the amendments made by the Industrial Relations Amendment Act 2025 (NSW) affected the jurisdictional framework applicable to the proceedings. Given that the amendments occurred while the case was pending, the court concluded that the proceedings should be transferred to the Supreme Court to ensure that the appropriate legal standards and procedures were applied. The court emphasised the importance of maintaining consistency with legislative intent and the need to apply the correct legal framework to the dispute. The final orders of the court mandated the transfer of the proceedings to the Supreme Court to be dealt with in accordance with the amended legislative provisions.