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The enforceable undertaking process : QUBE Ports Pty Ltd v Chief Executive Department of Justice and Attorney-General [2012] QCA 285

journal contribution
posted on 06.12.2017, 00:00 by Kristy Richardson
In P&O Automotive & General Stevedoring Pty Ltd v Chief Executive Department Justice and Attorney General [2011] QSC 417 Martin J held that the decision to accept or refuse an enforceable undertaking under the provisions of the Workplace Health and Safety Act 1995 was not subject to judicial review. Martin J held that such a decision could not be subject to judicial review as its nature was such as to be prosecutorial. This note examines the Court of Appeal's decision reversing the trial judge's characterisation of the nature of the decision.

History

Volume

33

Issue

1

Start Page

15

End Page

18

Number of Pages

4

ISSN

0312-1658

Location

Pyrmont, NSW

Publisher

Thomson Reuters

Language

en-aus

Peer Reviewed

Yes

Open Access

No

External Author Affiliations

Institute for Resource Industries and Sustainability (IRIS); School of Business and Law (2013- );

Era Eligible

Yes

Journal

Queensland lawyer.

Exports

CQUniversity

Categories

Exports