Unexpected Outcomes In Recent Decisions Means Challenging WHS Prosecutions Is Still Worthwhile

During the past (almost) five years since the model work health and safety legislation commenced around much of Australia, many technical challenges and questions of interpretation of the legislation have been raised. This is not unexpected when it comes to new legislation as any kinks need to (and should be) ironed out. However, several recent decisions handed down have revealed quite startling interpretations of the legislation by the courts.

The Rawson Case – Section 19(2) does not apply to 'workers'

In a procedural ruling in the case SafeWork NSW v Rawson Homes Pty Ltd [2016] NSWDC 237, NSW District Court Judge Kearns found that the regulator could not prosecute under Section 19(2) of the model act as the subsection does not apply to 'workers'.