SafeWork NSW v Prime Marble & Granite Pty Ltd

Case

[2024] NSWDC 17

13 February 2024


Details
AGLC Case Decision Date
SafeWork NSW v Prime Marble & Granite Pty Ltd [2024] NSWDC 17 [2024] NSWDC 17 13 February 2024

CaseChat Overview and Summary

SafeWork NSW sought to prosecute Prime Marble & Granite Pty Ltd for alleged breaches of the Work Health and Safety Act 2011. The company moved to have the prosecutions dismissed, claiming they were outside the statutory two-year limitation period. The matter was heard in the Local Court of New South Wales. The central issue was whether the statutory two-year limitation period applied to prosecutions brought by SafeWork NSW under the Work Health and Safety Act 2011. The court considered the language of the Act and relevant case law to determine the scope of the limitation period. It found that the statutory limitation period did apply, but the prosecution was brought within the requisite time frame. The court dismissed the defendant's motions and returned the exhibits.
Details

Areas of Law

  • Administrative Law

  • Health & Safety Law

Legal Concepts

  • Limitation Periods

  • Judicial Review

  • Statutory Interpretation

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Cases Citing This Decision

2

Cases Cited

1

Statutory Material Cited

2

Witheyman v Van Riet [2008] QCA 168
Witheyman v Van Riet [2008] QCA 168