APPLICATION FOR EXTERNAL REVIEW PURSUANT TO SECTION 229 OF THE WORK HEALTH AND SAFETY ACT 2020

THE WORK HEALTH AND SAFETY TRIBUNAL

PARTIES CITIC Pacific Mining Management Pty Ltd

APPLICANT

-v-

WorkSafe Commissioner

RESPONDENT

CORAM Commissioner T Emmanuel

DATE Wednesday, 13 March 2024

FILE NO/S WHST 1 OF 2024

CITATION NO. 2024 WAIRC 00098

Result Programming orders issued

Representation

Applicant Ms S Harrison (of counsel)

Respondent Mr A Hay (of counsel)

Order

HAVING heard from Ms S Harrison (of counsel) on behalf of the applicant and Mr A Hay (of counsel) on behalf of the respondent, pursuant to s 229B of the Work Health and Safety Act 2020 (WA), the Tribunal orders –

1. THAT the Respondent file a response to the application by 4.00 pm on Friday 19 April 2024.

2. THAT the Respondent serve a draft statement of agreed facts and bundle of agreed documents on the Applicant by 4.00 pm on Friday 19 April 2024.

3. THAT the parties file a statement of agreed facts and bundle of agreed documents by 4.00 pm on Friday 10 May 2024.

4. THAT the Applicant file any affidavit evidence in support of the application by 4.00 pm on Friday 31 May 2024.

5. THAT the Respondent file any responsive affidavit evidence in opposition to the application by 4.00 pm on Friday 14 June 2024.

6. THAT the Applicant file any affidavit evidence in response to the Respondent’s affidavit evidence by 4.00 pm on Friday 28 June 2024.

7. THAT the Applicant file written submissions in support of the external review application by 4.00 pm on Friday 12 July 2024.

8. THAT the Respondent file written submissions in opposition to the external review application by 4.00 pm on Friday 26 July 2024.

9. THAT the Applicant file any written submissions responsive to the Respondent’s submissions by 4.00 pm on Friday 9 August 2024.

10. THAT the external review application be listed for a one-day hearing after 20 August 2024.

11. THAT discovery be informal.

12. THAT the parties have liberty to apply.

Commissioner T Emmanuel