SUPREME COURT OF QUEENSLAND
CITATION: O’Brien & O’Brien v T F Woollam & Son Pty Ltd [2001] QSC 217 PARTIES: PAUL DANIEL O’BRIEN
(first plaintiff)
and
PAMELA MAY O’BRIEN
(second plaintiff)
v
T F WOOLLAM & SON PTY LTD
(ACN 009 676 064)
(defendant)FILE NO/S: S 5267/2000 DIVISION: Trial Division DELIVERED ON: 25 June 2001 DELIVERED AT: Brisbane HEARING DATE: 6 April 2001 JUDGE: Philippides J ORDER: 1. The separate questions are answered as follows:
(a) The defendant’s breach of s 30(1)(a) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty;
(b) The defendant’s breach of s 31(1)(a)(i) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty;
(c) The defendant’s breach of s 31(2) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty;(d) The defendant’s breach of s 31(3) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty.
CATCHWORDS: EMPLOYMENT LAW – BREACH OF STATUTORY DUTY – whether breaches of s 30(1)(a), s 31(1)(a)(i), s 31(2), and s 31(3) of the Workplace Health and Safety Act 1995 give rise to a private cause of action
Construction Safety Act 1971, s 20(b)(ii), s 21(b)(ii) and s 22(b)
Workplace Health and Safety Act 1989, s 11, s 23(a), s 23(c)
Workplace Health and Safety Act 1995, s 28, s 30(1)(a), s 31(1)(a)(i), s 31(2) and (3)
Uniform Civil Procedure Rules, r 171(2), r 483(1)Heil v Suncoast Fitness [2000] 2 Qd R 23
O’Connor v S P Bray Ltd (1937) 56 CLR 464
Percy v Central Control Financial Services Pty Ltd [2000] QSC 129 (2 May, 2000)
Percy v Central Control Financial Services Pty Ltd [2001] QCA 226 (8 June, 2001)
Schiliro v Peppercorn Child Care Centres Pty Ltd [2001] 1 Qd R 518
Schulz v Schmauser [2001] Qd R 540
Sherras v Van der Maat & Ors [1989] 1 Qd R 114COUNSEL: M Grant-Taylor SC for first and second plaintiffs
K Wilson for defendant
SOLICITORS: McNamara & Associates for first and second plaintiffs
Phillips Fox for defendant
PHILIPPIDES J:
The application
This is an application for the following:
1. Pursuant to r 483(1) of the Uniform Civil Procedure Rules, that the following questions be subject to a decision by the court separately from other questions arising in the proceeding and before the trial of the proceeding:
“(a)Does the defendant’s breach of s 30(1)(a) of the Workplace Health and Safety Act 1995, if proven, create in favour of the plaintiffs a private right of action in breach of statutory duty?
(b)Does the defendant’s breach of s 31(1)(a)(i) of the
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- Case
- [2001] QSC 217
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the breaches of the aforementioned sections of the WHS Act could independently create a private right of action in favour of the plaintiffs. This required the court to delve into the statutory framework and legislative intent behind the WHS Act, specifically examining whether the statutory provisions in question were intended to confer a private right of action upon individuals who suffered harm due to the breaches. The court had to consider the context and purpose of the WHS Act, the nature of the statutory duties outlined, and the existing case law on breach of statutory duty.
In reaching its decision, the court examined the language and structure of the WHS Act, as well as relevant precedents and statutory interpretations. It concluded that the provisions in question were not designed to create private rights of action, but rather to establish duties and obligations for the protection of workers' health and safety, primarily enforced by regulatory bodies. The court found that the statutory framework does not explicitly provide for a private right of action for individuals harmed by breaches of these specific sections of the WHS Act. Therefore, the court answered the questions posed by the plaintiffs in the negative, holding that the breaches alleged do not create a private right of action in favour of the plaintiffs.
The final orders of the court confirmed that the breaches of sections 30(1)(a), 31(1)(a)(i), 31(2), and 31(3) of the WHS Act, if proven, do not give rise to a private right of action in favour of the plaintiffs. This decision provides clarity on the scope and application of statutory duties under the WHS Act, impacting future claims related to workplace health and safety breaches.
Orders
Orders of the court
1. The separate questions are answered as follows:
(a) The defendant’s breach of s 30(1)(a) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty;
(b) The defendant’s breach of s 31(1)(a)(i) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty;
(c) The defendant’s breach of s 31(2) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty;
(d) The defendant’s breach of s 31(3) of the Workplace Health and Safety Act 1995, if proven, does not create in favour of the plaintiffs a private right of action in breach of statutory duty.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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