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[2000] VSC 156
Supreme Court of Victoria
2000-04-28
EAMES, J.
Original judgment source is linked above.
(a) The oral evidence of Watkins, taken together with the presumption of regularity and Exhibits "NA2" and 'NA3" were sufficient to prove, beyond reasonable doubt, that the informant, Watkins, had been validly appointed an inspector under the Occupational Health and Safety Act 1985;
(b) Upon tendering of Exhibit "LL" and proof that it was made by the Director General, the authority to appoint Watkins an inspector, and the valid exercise of power to make that appointment, pursuant to s.37(4) of the Public Service Act 1974, was established;
(c) The savings provisions of the 1992 and 1996 amending legislation ensured that the validity of the appointment of Watkins as an inspector remained incapable of successful challenge, once the original appointment was proved.
(d) The learned magistrate properly exercised his discretion to permit the prosecution to re-open its case, but in the circumstances the valid appointment of the informant as an inspector had already been established beyond reasonable doubt.
(e) None of the grounds of appeal have been made out.
[1] Davis v Grocon Ltd [1992] VicRp 92; [1992] 2 VR 661.
[2] Hearsay evidence, not objected to, may be acted upon by the court: R v Radford (1993) 66 A.Crim.R. 210, at 229-234, per Phillips CJ and Eames J.
[3] [1988] WAR 71, at 75.
[4] [1992] VicRp 14; [1992] 1 VR 240, at 247-8.
[5] Schultz v Virgin [1966] SASR 94, at 96.
[6] [1992] VicRp 14; [1992] 1 VR 240, at 247-8.
[7] R v Brewer [1942] HCA 33; (1942) 66 CLR 535, at 548.
[12] (1997) 95 A Crim R 447, at 455; CCA South Australia.
[13] (1987) 9 NSWLR 154, at 157, per Kirby P; 164, per McHugh JA; 169, per Clarke A-JA.
[14] (1976) 13 SASR 433, at 436, per Walters J .
[15] [1997] SASC 6244; (1997) 95 A Crim R 25, at 28, per Bleby J.
[16] Selby v Pennings & ors, unreported, Full Court Western Australia, Coram: Ipp, Wallwork, Owen JJ, 26 August 1998.
[18] [1981] VicRp 85; [1981] VR 908, at 912-3.
[19] Shaw v R (1952) 85 CLR 365
[20] R v Chin (1985) 157 CLR 761, at 685, per Dawson J.
[21] Schultz v Virgin [1966] SASR 94.
[23] Hansford v McMillan [1976] VicRp 80; [1976] VR 743, Anderson J.
[24] [1953] HCA 25; (1953) 94 CLR 621, at 627.
[25] Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1; [1948] 1 KB 223, at 228-9.
[26] Chugg v Pacific Dunlop Ltd, unreported, Full Court, Victoria, 5 May 1989,per Kaye and Beach JJ, at 16; per Ormiston J, at 34. .
[27] (1995) 79 A Crim R 427, at 436-7, per Phillips CJ, Smith and Ashley JJ.
Yamasa Seafood Australia Pty Ltd
Watkins [2000] VSC 156
(1942) 66 CLR 535
(2000) 74 ALJR 535
(1987) 9 NSWLR 154
(1976) 13 SASR 433
(1952) 85 CLR 365
(1985) 157 CLR 761
(1953) 94 CLR 621