SUPREME COURT OF SOUTH AUSTRALIA
(Court of Appeal: Criminal)
DIAL A TOW AUSTRALIA PTY LTD v CAMPBELL
[2024] SASCA 151
Judgment of the Court of Appeal
(The Honourable President Livesey, the Honourable Justice S Doyle and the Honourable Justice Bleby)
19 December 2024
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - PARTICULAR CASES INVOLVING ERROR OF LAW - FAILURE TO GIVE REASONS FOR DECISION - ADEQUACY OF REASONS
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - GENERALLY
Application for permission to appeal against a decision of the South Australian Employment Tribunal (SAET).
The appellant was found guilty by a Deputy President Magistrate (‘DPM’) of the SAET of breaching s 32 of the Work Health and Safety Act 2012 (SA) (‘WHS Act’). The DPM found that it had failed to ensure the health and safety of its employee, Mr Ravlich, who was killed on 14 March 2018 when he was crushed by a moving tilt tray attached to a tow truck operated by the appellant.
The appellant appealed to the Full Bench of the SAET. The Full Bench dismissed the appeal, which was by way of rehearing. It determined the DPM did not err in concluding that Dial A Tow Australia Pty Ltd (‘DAT’) had breached its duty to take all reasonably practicable steps to eliminate or minimise risks to the health and safety of its workers under ss 17–19 of the WHS Act.
The appellant raised four questions of law on appeal to this Court:
1. Was the ultimate conclusion available on the facts as found and undisputed?
2. Did the majority judges provide adequate reasons for their decision?
3.Did the majority judges err by failing to address the correct question posed by s 19 of the WHS Act?
4. Was the appellant denied procedural fairness?
The first and third questions depended on the interpretation of the term ‘reasonably practicable’. They related to whether the prosecution established beyond reasonable doubt that it was reasonably practicable for the appellant to have adopted an engineering measure that incorporated a pressure sensitive device in the crush zone.
Held (per Livesey P and Bleby JA) allowing the appeal and remitting the matter to the Full Bench for hearing and determination:
1.Question 1 is answered ‘yes’. It was open on the facts found by the majority, and the uncontested evidence, to convict DAT on the basis that it had failed to adopt a reasonably practicable measure, being the implementation of a pressure sensitive device in the crush zone.
2.Question 2 is answered ‘no’. The majority ultimately failed to address an important part of the evidence that was relevant to the correct question in its specific application to DAT. In this regard, its reasons were inadequate.
3.Question 3 is answered ‘no’. The majority’s treatment of the evidence of a pressure sensitive device was sufficient to indicate that they approached the question by considering whether a pressure sensor…
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- Case
- [2024] SASCA 151
- Decision Date
CaseChat Overview and Summary
The legal issues before the Full Court included whether the majority judges of the appeal bench provided adequate reasons for their decision, particularly in relation to the interpretation and application of the term "reasonably practicable." DAT contended that the majority failed to address or adequately address several key arguments raised on appeal, including the prosecution's alleged failure to prove the practicability of the engineering measure in question, the absence of evidence of industry practice, and the appropriateness of seeking advice from the truck's manufacturer, AHRNS Handling Equipment Ltd.
The Full Court acknowledged the well-established principle that a judicial tribunal is required to expose its reasoning on points critical to the contest between the parties, with the extent of reasons depending on the specific case. The Court noted that while not every detail of reasoning needs to be articulated, it is essential to explain how critical points were resolved. The Court observed an overlap between DAT's complaints regarding the adequacy of reasons and issues previously discussed concerning the interpretation of "reasonably practicable." Specifically, the Court considered DAT's argument that the prosecution had not proven the practicability of the proposed engineering measure, especially in the absence of evidence of industry standards or a recommendation from the manufacturer.
The Full Court answered the third question of law in the negative, concluding that the majority judges did not provide adequate reasons for their decision. Consequently, Ground 3 of the appeal was dismissed.
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Decision
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