Kirk (finally) comes to Queensland : NK Collins Industries Pty Ltd v the President of the Industrial Court of Queensland [2013] QCA 179

After a series of decisions the Court of Appeal has held that the principles espoused by the High Court in Kirk v Industrial Court (NSW) (2010) 239 CLR 531 regarding the particularisation of occupational health and safety offences applied to Queensland’s Workplace Health and Safety Act 1995. This section note examines the decision of the Court of Appeal in NK Collins Industries Pty Ltd v The President of the Industrial Court of Queensland & Anor [2013] QCA 179 and suggests that the principles should apply despite the move to the harmonised national occupational health and safety legislative framework.