Shire of York v Rosmill Pty Ltd

In the case of Shire of York v Rosmill Pty Ltd, the Shire of York sought an order for the company to remedy a breach of the Health Act. The dispute centred on whether Rosmill Pty Ltd had contravened the Act by constructing or installing a non-compliant septic system. The matter was heard in the Supreme Court of Western Australia.

The court was required to determine the meaning of the terms 'construction' and 'installation' within the context of the Health Act. Additionally, the court had to consider whether Rosmill Pty Ltd's actions constituted an offence under section 24 of the Criminal Code, specifically whether an honest and reasonable mistake of fact could be a defence.

The court held that the terms 'construction' and 'installation' should be interpreted broadly, encompassing any activity that results in the creation of a structure or system. The court found that the septic system in question was indeed a construction or installation under the Act. However, the court also recognised that an honest and reasonable mistake of fact could negate the mens rea required for the offence. In this instance, the court accepted that Rosmill Pty Ltd had acted in good faith and with a reasonable basis for their understanding of the requirements of the Health Act. Consequently, the court found that the company was not guilty of the offence.

The court ordered that no further action be taken against Rosmill Pty Ltd for the alleged breach of the Health Act, given the honest and reasonable mistake of fact.