Criteria: The Learning Guide contains the marking criteria for the assessment task.
Below is the decision of the Coroner’s Court regarding the death of Darren Laing, a
technician employed by LongReach Telecommunications Limited (LongReach). The
State Coroner found Mr Laing died when he fell from the Southern Cross Tower building
in the Sydney CBD. The circumstances surrounding the fall are outlined in the decision.
At the time of his death, Mr Laing was installing a telecommunications base station. The
installation of the base station was funded by a scheme established by the Federal
Government through the Federal Communications Corporation (FedComm).
The incident has been the subject of an investigation by State Inspector Joan Spender
who is attached to SafeWork NSW.
You are a barrister who has been briefed by SafeWork NSW to act as the prosecutor in
A) In the light of the State Coroner’s findings, provide SafeWork NSW with an opinion
about whether, and upon what basis, LongReach is liable under the work health and
safety legislation in relation to this incident.
Draft a summons (including particulars) for a prosecution against LongReach. The
prosecution will be heard in the NSW District Court.
B) SafeWork NSW is contemplating also prosecuting FedComm in relation to the
incident. Advise it whether or not FedComm is liable under work health and safety
• In this assignment, your answers do not need to be in the form of a letter.
• You do not need to consider any of controller’s duties, the duty of officers, and the
regulations in this assignment.
• An example of a summons is located on vUWS under “Activity Documents (Spring
• The front page of the summons is not included in the word count
The post Work Health and Safety Law
Assignment status: Solved by our experts