Industrial Court of Queensland

Schloss v Bell; Bell v Schloss [2015] ICQ 036 (C/2014/44) Deputy President O'Connor 24 December 2015

Full-text: ICQ15-036.pdf

Catchwords

INDUSTRIAL MAGISTRATES - APPEAL AGAINST A DECISION OF THE INDUSTRIAL MAGISTRATE - PARTICULARS - SUFFICIENCY OF REASONS - Where a worker suffered injuries following an incident at a coal seam gas well - Where the defendant was issued with a complaint and summons in relation to safety matters under the Petroleum and Gas (Production and Safety) Act 2004 - Where the complaint was accompanied by particulars – Where, in respect of the description of ‘operating plant’, the learned Industrial Magistrate determined a description not contained within the complaint or particularised by the prosecution - Whether power to amend the complaint under s 48 of the Justices Act 1886 was enlivened - Whether the learned Industrial Magistrate impliedly amended the complaint - Whether the learned Industrial Magistrate ought to have dismissed the complaint, the prosecution having failed to prove essential elements of the offence - Whether there was a valid Safety Management Plan in operation - Whether a Job Hazard Analysis was required to be carried out - Whether a learned Industrial Magistrate erred in failing to give adequate reasons - Whether the learned Industrial Magistrate erred in finding the offence proven - Whether the learned Industrial Magistrate erred in not considering defences - Appeal allowed - Complaint dismissed - Cross-appeal dismissed.