NSW is no longer a “Defence Free Zone” under OHS Laws – The impact of the Kirk decision is confirmed (again) in a recent decision

Norton Rose

by Siobhan Flores-Walsh and Sophia Christou

Until the decision in Kirk v Industrial Court of New South Wales1, employers in NSW had little hope of successfully defending an OHS prosecution. The impact of Kirk has been significant and was demonstrated most recently in the decision Western Freight Management Pty Ltd v Inspector Patton [2011] NSWIRComm 68.

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Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.


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