write a report of a judgment of a court case in which the provisions of work/occupational health and safety

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Case Report -(Please note all content, laws and legislations must be regarding Australia only)

You are required to write a report of a judgment of a court case in which the provisions of
work/occupational health and safety legislation of the Commonwealth or a State/Territory were
applied. In the cases listed below you will find work health and safety law principles discussed and
interpreted. Select one case from the list of cases below and read the judgments to prepare for the
report:

 Kerle v BM Alliance Coal Operations Pty Limited [2016] QSC 304


 SafeWork (NSW) v WGA Pty Ltd [2017] NSWDC 91


 Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64


 Williamson v VH & MG Imports Pty Ltd [2017] QDC 56

Task: Write a report of a your selected case covering the following aspects: brief facts of the case;
parties; relevant jurisdiction (State/Territory/Commonwealth); whether it is an initial hearing or an
appeal; relevant legislation, including relevant legislative provisions (e.g. duties, duty holders,
breaches, offences, penalty provisions etc.); relevant case law/precedent followed, if relevant; how
law was applied to the facts, including any statutory interpretation issues if relevant; conclusion –
summarise key points.

Remember to correctly reference legislation, cases, and texts. There is to be no plagiarism

Marking Criteria

– Identification and description of
the legislative functions and
related legislation, shows a
high level of understanding of
the laws.
Thorough understanding and
description of statutory
interpretation rules where
necessary.
The report is succinct and
demonstrates the applicability
of the laws.
Identification and
description of the key
terms and functions
of the law and
applicability of the
relevant law to
parties/facts of the
case
Reference to rules of
statutory interpretation
if relevant to the
case.
(15 marks)

-There is a critical and succinct
description of the legal
framework based on the
relevant legislation and c i t e d
case law. The report
demonstrates knowledge and
application of legislation and
applicability of any other cases
cited by the court.Possible legislative breaches
all been identified and clearly
described. A thorough
explanation is provided in a
logical sequence in the report.
A high level of
understanding of the legal
concepts, demonstrated by
clear and succinct case
report. .
-Describe the legal
framework –
relevance of
applicable legislation
and key case
law/legal precedent
cited in case report.
Describe how law
applies to facts of case
and the position of
each party. Identifies breaches
and interventions.
Identifies legal
remedies/ penalties.
(15 marks)

-Clarity of expression,
language, and
grammar (4 marks)

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