Description
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)

Explanation & Answer

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KERLE V BM CASE REPORT
1
Kerle v BM Alliance Coal Operations Pty Limited case report [2016] QSC 304
Name
Institution
Date
KERLE V BM CASE REPORT
2
Introduction
The issue of work employment and the related fatigue has been put into
consideration by the Queensland Supreme Court. The consideration has been placed in
line with the Kerle v BM Alliance Coal Operations Pty Ltd case. In this case, there was a
series of questions that were trending. Among the questions was whether a worker hired
could be treated as a servant to the host employer. The hired laborers could be allowed to
shift the responsibility accorded to them by their host employers.
There has been an existence of pro hac vice doctrine. There have been deeming
effects by his doctrine that any employee of a particular company is entitled to use the
service of that company for an occasion or for the time that he will be in the company. In
a case of workers’ compensation and negligence, pro hac vice puts a successful argument
that workers in another party are entitled to transfer their responsibilities. As per the
illustrations that have been put in place by the case, the employer has a huge burden on
their attempt to transfer their worker's responsibilities.
Case facts
Kerle was one of the Axial HR Pty Ltd employees. The company was a fully
functional labor hiring firm. Kerle was employed at Norwich Park Mine located at Dysart
in central Queensland. He was working as a dump truck operator. HMP construction Pty
Ltd was his host employer.
In the year 2008 and in October, Kerle was driving home after ending his 12hours shift for four overnight. Since his home was far from the place of work, Kerle
apparently felled asleep while on the wheel. At this time he had made a distance of about
300km of his journey. At the time of the accident, Kerle had been awake for an
approximate of 18 hours. The accident led to Kerle vehicle swerving onto the right-hand
side of the road hitting the concrete wall and the rails that were on the roadside. As a
result of the accident, Kerle encountered severe injuries to the extent of brain damage.
Having been a victim of the accident, Kerle put claims on the negligence and bleaching
of duty by HMP and BMA.
Issues
For the court to make an appropriate ruling on the case, there were some of the
issues that were to be considered by the court. Among them are the fatigue and the
related factor that could have led to the occurrence of the accident. The second issue was
whether the plaintiff contributed to the negligence by failing to take sufficient of rest and
continuing the jo...
