Inasmuch Community Ltd has a s.394 (Application for unfair dismissal remedy) with which it is still to resolve in front of Commissioner Riordan in chambers in Sydney (Bennett).
March 2, 2020
An application for approval of the St Andrew’s Toowoomba Hospital – NPAQ Enterprise Agreement 2019-2021 (s.185 – Application for approval of a single-enterprise agreement) will be decided by Commissioner Simpson in Conference Room B in Brisbane.
March 2, 2020
The outgoing Health Department boss has told a Senate inquiry she has no record of a quickly organised meeting with Sport Australia officials over the sports rorts saga, because she has destroyed her notebooks. Glenys Beauchamp was called to give evidence to a Senate investigation into the handling of a contentious $100 million sports grants program which the auditor-general has criticised as politically biased. Senators grilled her over a teleconference with former Sport Australia chief executive Kate Palmer and chair John Wylie which took place hours after Ms Palmer had been shown a colour-coded spreadsheet by then-sports minister Bridget McKenzie’s office. “I have destroyed all of my notebooks and notes,” Ms Beauchamp told Labor senator and Opposition sports spokesman Don Farrell.
March 2, 2020
Priceline Pharmacy Maitland has a s.372 (Application to deal with other contravention disputes) with which it must deal before Deputy President Dean in chambers in Sydney (McGoldrick).
February 28, 2020
Independent Living Specialists Pty Ltd has a s.394 (Application for unfair dismissal remedy) with which it must contend before Commissioner Platt in Conference Room 6a – Level 6 in Adelaide (Lambert).
February 28, 2020
An application by Frank Whiddon Masonic Homes of New South Wales Pty Ltd (s.318 – Application for an order relating to instruments covering new employer and transferring employees) will be determined by Commissioner Johns Hearing Room 11-4 in Sydney.
February 28, 2020
Warrina Innisfail and Australian Nursing and Midwifery Federation are still working through a s.576(2)(Aa) – Promoting cooperative and productive workplace relations and preventing disputes) before Commissioner Spencer in chambers in Brisbane.
February 28, 2020
A man has been given six months’ home detention for shoving an elderly relative to the ground and putting her in hospital, where she died six days later. Derringer Seth Clarke used both hands to shove 86-year-old Patricia Linburg on December 31, 2018, causing her to fall over and break a femur bone. She required hospitalisation and surgery, but her condition deteriorated and she died on January 6. Clarke was initially charged with manslaughter before this was changed to causing grievous bodily harm with reckless disregard for the victim’s safety. He then pleaded guilty. Justice Mathew Downs in the High Court at Hamilton subsequently sentenced Clarke to six months’ home detention today, saying he was satisfied prison “would be the wrong response”. “The point I wish to emphasise is this: you have been fortunate today. You will not get a second chance,” Downs said. Justice Downs earlier described the facts of the attack as simple but distressing. Clarke had been living in a garage in the family home when on the morning of December 31, he was on a ramp that led to the kitchen. Lindburg, who was the mother of Clarke’s stepfather, then confronted him because he was not allowed inside the house. “She told you repeatedly to leave,” Justice Downs said during the sentencing. “You did not. You belittled her. Mrs Linburg attempted to remove you by pushing and ‘hitting out’,” he said. “You then pushed Mrs Linburg to the chest with both hands. In short, you shoved her.” Lindburg fell to the kitchen floor, breaking her leg and later dying in hospital Justice Downs said that as Clarke had not been charged with manslaughter, he was not criminally responsible for Lindburg’s death. Therefore, he was simply being sentenced for shoving Lindburg to the ground. Justice Downs did not accept Clarke had shown enough remorse to be given a discount in his sentence and also did not accept claims by his lawyers that his “dysfunctional family background” deserved leniency. However, with Clarke being 20 years old he did accept there was a good chance for his rehabilitation and that prison could be a hindrance to this. This was a sentiment accepted by Lindburg’s family and prosecutors, Down said. He also said the level of violence used by Clarke was less than that typically seen for a charge of causing grievous bodily harm. “To be clear, your violence was serious. My point is that it is less serious than is often the case when this offence is charged,” he said. He also gave Clarke a first strike warning, meaning he would not be eligible for parole or early release if he was convicted of any more serious violent offences other than murder. If convicted of murder he would be sentenced to life imprisonment without parole unless this would be “manifestly unjust”.
