NK Collins Industries Pty Ltd v The President of the Industrial Court of Queensland & Anor

This case concerned an appeal against a conviction of the appellant by the respondent under the Workplace Health and Safety Act. The main issue on the appeal was whether or not the alleged breach of the Act was adequately particularised?  The discussion of the necessary requirements for the particularisation of an offence has a wider application than offences under the Act under consideration. 

The first issue considered by the Court was whether or not the decision of the High Court in Kirk v Industrial Relations Commission (NSW) could be distinguished in relation to the requirement of a prosecutor to identify in a charge the actual nature of the contravention; being the measure that the prosecutor alleges was not taken which resulted in the contravention?  In Kirk it was identified that it was 'necessary that the statement of offence identify the act or omission said to contravene the relevant section and, more particularly, with regard to the defences available, the measure said not to have been taken to obviate the relevant risk'.  The Court held that under the Workplace Health and Safety Act 'it was incumbent on the prosecution to identify the measure or measures which should have been taken to ensure workers’ safety from the risk'.  The result was the granting of certiorari to quash the decision of the President of the Industrial Court.