Chevalley v Industrial Court of New South Wales

In *Chevalley v Industrial Court of New South Wales*, the applicants sought judicial review of decisions made by the Industrial Court of New South Wales. The core of the dispute concerned the constitutional validity of section 26 of the *Occupational Health and Safety Act 2000* (NSW), which imposes liability on directors for a corporation's contravention of the Act, and the admissibility and sufficiency of a certificate of conviction of a corporation to prove its contravention. The applicants also challenged the refusal to allow an amendment to their originating process, arguing that the issue had not been raised by the notice given under section 78B of the *Judiciary Act 1903* (Cth).

The legal issues before the Court of Appeal were whether section 26 of the *Occupational Health and Safety Act 2000* (NSW) violated the principles underlying Chapter III of the Australian Constitution, whether the defences provided by sections 26 and 28 of the Act were illusory, and whether a certificate of conviction of a corporation was admissible and sufficient to prove the essential fact of the corporation's contravention of the Act under section 178 of the *Evidence Act 1995* (Cth). Additionally, the Court considered whether the charges were bad in law for failing to particularise the steps the defendant should have taken to avoid contravention or the specific act or omission constituting the contravention.

The Court dismissed the summonses, finding no constitutional invalidity in section 26 of the *Occupational Health and Safety Act 2000* (NSW). It held that the defences were not illusory and that the certificate of conviction was admissible and sufficient to prove the corporation's contravention. The Court also found that the charges were not bad in law. The applicants were ordered to pay the costs of the first and second respondents, with no order as to the costs of the Attorney General.