Hunter Quarries Pty Ltd v New South Wales (Department of Trade & Investment)

Hunter Quarries Pty Ltd sought a declaration from the court that inspectors appointed under the Mine Health and Safety Act 2004 (NSW) and/or Work Health and Safety (Mines) Act 2013 (NSW) were not permitted to obtain information by exercising powers granted under s 171 of the Work Health and Safety Act 2011 (NSW). The court was required to decide the proper construction of s 155 and s 171 of the Work Health and Safety Act 2011 (NSW) and determine whether the inspectors could obtain information under s 171 prior to forming an opinion under s 155.

The court examined the relevant provisions of the Work Health and Safety Act and considered the rules of statutory construction. The court found that Hunter Quarries' construction of the Act would be inconsistent with other provisions of the Act, such as the power of seizure available to inspectors on entry under s 175. The court held that the two sections appeared in the same subdivision, Subdivision 4, "Specific powers on entry", which appeared in Division 3 "Powers relating to entry" of Part 9 "Securing compliance". The court found that it was apparent that documents which an Inspector was entitled to require to be produced under s 171, may then be seized as evidence, in accordance with s 175. The court concluded that Hunter Quarries' approach to the construction of the Act would potentially preclude an inspector from obtaining information which may assist the inspector identifying and then dealing with a continuing risk to safety, which the statutory scheme contemplates inspectors will deal with on entry.

The court dismissed the summons and held that the relief sought was not granted. The court found that the inspectors could obtain information under s 171 prior to forming an opinion under s 155. The court found that the statutory purpose provided in s 3 would be directly contrary to the statutory purpose provided in s 3 if Hunter Quarries' construction of the Act was correct. The court held that the inspectors were permitted to obtain information by exercising powers granted under s 171 of the Work Health and Safety Act 2011 (NSW).