Important High Court decision handed down on OHS regulation in NSW: Freehills

On 3 February 2010, the High Court of Australia handed down its decision in Kirk v WorkCover NSW (and Ors). In its decision, the High Court strongly criticised the approach to prosecutions under the Occupational Health and Safety Act 2000 (NSW) and dismissed the attempted right to prevent appeals from that jurisdiction to the New South Wales Supreme Court.

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