Anna Patty
February 29, 2012 - 12:40AM
THE president of the NSW Industrial Relations Commission has refused to adjourn nine WorkCover cases after it said it was unable to reveal why it was reviewing them.
The cases include a prosecution filed in August 2011 of an alleged breach of the Occupational Health and Safety Act 2000 involving an employee who died after falling from a roof.
The O'Farrell government introduced laws last month as part of the Commonwealth's agenda to harmonise occupational health and safety regulations around the country.
WorkCover is reviewing around 200 cases brought under the Occupational Health and Safety Act to see where they stand under the changes.
The NSW law has been criticised by some within the state government for failing to be retrospective.
Justice Roger Boland issued a statement on Monday afternoon saying the court was entitled to "the courtesy of being advised, in respect of this matter and the others, of at least the purpose of the review and how it is relevant to the charge that has been laid".
"The court would then be in a position to make an informed assessment as to whether the adjournment should be granted," he said.
"I do not understand the need for WorkCover to keep the purpose of the review, and its relevance to the charge that is before the court, secret."
Justice Boland said although a two-week adjournment was not lengthy, WorkCover had proposed reviewing more than 200 prosecutions before the court.
"It seems to me that it is an ambitious target to complete a review of over 200 files (for whatever the purpose) in a period of two weeks and I would be concerned that further adjournments would be sought," he said.
The NSW Opposition has accused the government of political interference.
The Minister for Finance and Services, Greg Pearce, has denied he directed WorkCover to conduct the review.
In 2009, the Kirk Group challenged the way the Industrial Court of New South Wales interpreted the Occupational Health and Safety Act.
Mr Pearce said a judgment upheld the appeal in damning terms in 2010.
"Importantly, back in 2010, WorkCover, as a result of the Kirk decision and on the advice of senior counsel and with the knowledge of the then minister Daley reviewed all prosecutions before the courts to determine whether any amendments to the charges were required.
"At the time, amendment applications were made in a significant proportion of cases which were the subject of that review," he said.
The Herald understands the Resources and Energy Minister, Chris Hartcher, has raised concerns about the impact of the law on mining cases and has requested legal advice.
Justice Boland said he was advised on February 21 a WorkCover officer had been instructed to request adjournments of all prosecutions over the next two weeks pending the outcome of a review of all prosecutions under the Occupational Health and Safety Act 2000.
Despite inquiries, the officer could provide no further information.
The Opposition spokesman for Finance and Services, Michael Daley, said for a senior judge to say a government agency was acting in secret was extraordinary.
"This is a very serious matter," he said.
A WorkCover spokesperson said the agency "accepts that the president of the Industrial Court is entitled to make such decisions. As a party to the proceedings it would be inappropriate to comment."
A spokesman for Mr Pearce declined to comment yesterday.
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