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
Key Legal Topics
Areas of Law
-
Administrative Law
-
Health & Safety Law
Legal Concepts
-
Limitation Periods
-
Judicial Review
-
Statutory Interpretation
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Prime Marble & Granite Pty Ltd v Safework NSW [2024] NSWCCA 105
Cases Citing This Decision
2
Prime Marble & Granite Pty Ltd v Safework NSW
[2024] NSWCCA 105
Prime Marble & Granite Pty Ltd v Safework NSW
[2024] NSWCCA 105
Cases Cited
1
Statutory Material Cited
2
Witheyman v Van Riet
[2008] QCA 168
Witheyman v Van Riet
[2008] QCA 168