Occupational Health and Safety Act -- Sentencing -- Liability of companies -- Liability of individuals -- Appeals against criminal convictions -- Constitutional Validity -- Jurisdiction of Industrial Relations Commission A recent series of cases in the NSW Industrial Relations Commission in Court Session convicting coal mining companies, and individuals, for safety breaches have been appealed to the NSW Court of Appeal. The appeals challenge the correct interpretation of the Occupational Health and Safety Act 2000 (NSW) (OHS Act) and the jurisdiction of the Commission to hear criminal prosecutions. The absolute nature of the duties under the OHS Act and the uncompromising standards required to meet those duties or establish a defence may therefore come under scrutiny. The appeals concern convictions in the Commission relating to incidents at Xstrata's (previously Oakbridge's) Gretley mine, Centennial Coal's (previously Powercoal's) Awaba mine and Coal Operations' Wallarah mine.
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