Event and Time
Event Description
On 9 September 2014, an incident occurred at Hunter Quarries, where an employee, Mr. Ryan Messenger, was operating an excavator on an uneven slope. The excavator rolled over, resulting in Mr. Messenger’s death. Following this, Hunter Quarries faced prosecution under the Work Health and Safety Act 2011 (WHS Act).
Application and Claims
The prosecution claimed that Hunter Quarries breached section 32(1) of the WHS Act, asserting that they failed to ensure the health and safety of their workers. Hunter Quarries pleaded not guilty and contended that the prosecution had not proven all elements of the offence beyond a reasonable doubt. The case underwent a lengthy hearing, and questions regarding legal interpretations arose regarding the submission of questions to the Court of Criminal Appeal.
Judicial Decisions
- On 8 November 2019, the primary judge found that the prosecution did not prove all the elements of the offence. However, no final orders or verdict were made.
- Following this, the judge referred questions to the Court of Criminal Appeal concerning the interpretation of sections of the Criminal Appeal Act 1912 (NSW) and specific legal obligations under the WHS Act.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- Hunter Quarries failed to take reasonably practicable measures to ensure worker safety as mandated by sections 17 and 18 of the WHS Act. - The reasonable foreseeability of risk was a critical point affecting the assessment of the duty of care under section 19(1).
- Defendant’s Arguments:
- Hunter Quarries claimed that the prosecution did not establish that all elements of the offence were met beyond a reasonable doubt. - They challenged the order of considerations required by the court regarding the existence of a risk, the possibility of practicable measures, and their effectiveness.