OHS Jurisdiction NSW: Constitutional validity: Offences by Directors

 

The Full Bench of the NSW Industrial Relations Court in Morrison v Chevalley [2010] NSWIRComm 116 (24 August 2010) has ruled on the constitutional validity of offences by directors and on the principles set down by the High Court in the Kirk case  [2010] HCA 1; (2010) 239 CLR 531.

A key issue was whether s 26 of the Occupational Health and Safety Act 2000 was constitutionally valid and whether it infringed Chapter III of the Commonwealth Constitution.