Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which we previously reported on in November 2018. Briefly, the matter relates to a Coronial inquest commenced in September 2017 in relation to the death of Captain David Wood on 11 January 2016 (the Inquest).  On 20 December 2017, Captain Wood’s employer, Helicopter, was charged with offences under the Work Health and Safety Act 2011 (Cth) (WHS Act).  The Commonwealth of Australia (the Commonwealth) had engaged Helicopter to provide helicopter support services at the relevant time and was also charged with offences under the WHS Act.  The third charge brought against both Helicopter and the Commonwealth related to the events of 11…

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