John Holland Pty Ltd v Victorian Workcover Authority

Constitutional law (Cth) – Inconsistency between Commonwealth and State laws - Occupational Health and Safety Act 1991 (Cth) ("OHS Act") - Occupational Health and Safety Act 2004 (Vic) ("State Act") - Provisions of State Act empowered inspectors to bring proceedings for an offence against State Act - Plaintiff charged with offences under State Act - OHS Act relevantly applies to employers that are "non-Commonwealth licensees" - Plaintiff became non- Commonwealth licensee after alleged offences committed but prior to charges being laid - Whether while plaintiff remains a non-Commonwealth licensee for purposes of OHS Act it is liable for conviction under State Act for offences allegedly committed before plaintiff became a non-Commonwealth licensee - Whether provisions of State Act authorising prosecution of such offences inconsistent with OHS Act and thereby invalid by operation of s 109 of the Constitution.

Words and phrases – "employer", "law", "non-Commonwealth licensee".

Constitution – s 109.

Occupational Health and Safety Act 1991 (Cth) – ss 3, 4, 5(1).

Occupational Health and Safety Act 2004 (Vic) – ss 7(1)(c), 21, 23, 130.

Safety – Rehabilitation and Compensation Act 1998 (Cth), Pt VIII.