Particularisation of occupational health and safety breaches : a Queensland perspective after Kirk

This article examines the issue of the particularisation of occupational health and safety breaches in Queensland following the decision of the High Court in Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531. The author examines the impact in Queensland of the decision by following the progression of an occupational health and safety prosecution against NK Collins Industries Pty Ltd. The article suggests that the Queensland position on particularisation will be unsustainable under the nationally harmonised regime for occupational health and safety regulation in Australia.