REVIEW OF IMPROVEMENT NOTICE

THE OCCUPATIONAL SAFETY AND HEALTH TRIBUNAL

PARTIES Exhaust Control Industries Pty Ltd

APPLICANT

-v-

Lex McCulloch WorkSafe Western Australia Commissioner

RESPONDENT

CORAM Senior Commissioner S J Kenner

DATE TUESday, 29 November 2016

FILE NO/S OSHT 5 OF 2016

CITATION NO. 2016 WAIRC 00897

Result Order issued

Representation

Applicant Mr S Russell of counsel

Respondent Ms T Hollaway of counsel

Order

HAVING heard Mr S Russell of counsel on behalf of the applicant and Ms T Hollaway of counsel on behalf of the respondent the Tribunal, pursuant to the powers conferred on it under the Occupational Safety and Health Act, 1984 hereby orders –

(1) THAT the time for the filing of the notice of referral in the herein proceedings be and is hereby extended to 21 October 2016.

 (2) THAT by no later than 13 January 2017 the respondent file and serve                             upon the applicant:

(a) a witness statement/report and annexures of Plant and                Engineering Manager, Mr Ruban Rajah;

(b) a booklet with index and copies of each relevant page of the Australian Standards relied upon;

(c) a booklet with index and copies of any legislation or regulations likely to be relied upon; and

(d) a witness statement of WorkSafe Commissioner, Mr Lex   McCulloch.

 (3) THAT by no later than 3 February 2017 the applicant file and serve                              upon the respondent:

(a) any objections to any materials in the witness statements/report of Mr Rajah and Mr McCulloch;

(b) any witness statements or expert reports of persons intending to give evidence; and

(c) notice of any further Australian Standards or legislation that should be included in the booklets filed by the respondent.

(4) THAT by no later than 17 February 2017 the respondent file and serve upon the applicant any further witness statements/reports of persons intending to give evidence.

 (5) THAT by no later than 20 February 2017 the applicant file and serve                              upon the respondent:

  (a) any objections to any materials to be produced by the respondent;

  (b) a list of witnesses it would like available for cross-examination;                                           and

  (c) any further statements of witnesses identified as a result of the                                            materials filed by the respondent by 17 February 2017.

 (6) THAT by no later than 3 March 2017 the respondent file and serve                              upon the applicant:

(a) any objections to any materials to be produced by the applicant; and

  (b) a list of witnesses it would like available for cross-examination.

(7) THAT the application be listed for hearing on 20 – 24 March 2017 inclusive.

 (8) THAT the parties have liberty to apply on short notice.

Senior Commissioner S J Kenner