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

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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