Orr v Hunter Quarries Pty Ltd

Orr v Hunter Quarries Pty Ltd involved a prosecution under work health and safety laws. The defendant, Hunter Quarries Pty Ltd, was charged with an offence related to the risk of death or serious injury to workers. The case was heard in the criminal court. The key issue before the court was whether the defendant owed a duty to ensure the health and safety of its workers, and whether there was a failure to comply with that duty that exposed workers to the risk of death or serious injury.

The court considered whether the defendant had breached its duty by failing to implement measures to guard against risks to safety that were reasonably practicable. The court examined the foreseeability of the risk and whether the defendant could have reasonably been expected to foresee the risk posed by the operation of an excavator in a particular manner. The court concluded that the operation of the excavator in the manner that caused the incident was unforeseen and could not have been reasonably anticipated by the defendant. The worker had been instructed to perform other tasks and was not authorised to operate the excavator on a rocky slope. The court found that there was no breach in failing to risk assess the potential for the excavator to overturn on a rocky slope, as the risk was unknown and therefore unforeseen.

The court held that the prosecution had not proved all of the elements of the offence beyond reasonable doubt. The court found that the defendant had not breached its duty to ensure the health and safety of its workers. The court ordered that final orders would not be entered until the prosecution had had an opportunity to consider an application pursuant to section 5AE of the Criminal Appeal Act 1912 (NSW). The matter was listed for entry of final orders or argument on the proposed questions of law to be stated to the Court of Criminal Appeal.