The GEO Group Australia Pty Limited t/as Junee Correctional Centre v WorkCover Authority of New South Wales

The GEO Group Australia Pty Limited, trading as Junee Correctional Centre, sought to set aside a decision of the WorkCover Authority of New South Wales. The dispute concerned allegations that the correctional centre had breached its statutory duty under the *Occupational Health and Safety Act 2000* (NSW) to protect an inmate from exposure to risks. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the correctional centre had breached its duty of care under section 8(2) of the *Occupational Health and Safety Act 2000* (NSW) by failing to protect an inmate from identified risks, and whether the charge laid in the court attendance notice sufficiently identified the act or omission constituting the alleged offence, thereby avoiding jurisdictional error.

The Court considered the scope of the statutory duty imposed on the manager of a correctional centre to ensure the health and safety of inmates. It examined whether the allegations against the GEO Group constituted a breach of this duty, taking into account the specific circumstances of the inmate's exposure to risk. Furthermore, the Court assessed the adequacy of the charge in the court attendance notice, determining whether it provided sufficient particularity to inform the accused of the nature of the offence and to found jurisdiction.

The Court of Appeal dismissed the further amended summons and ordered that the applicant, The GEO Group Australia Pty Limited, pay the costs of the first respondent, the WorkCover Authority of New South Wales.