High Court of Australia

Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2

6 Feb 2019

Case Number: D4/2018


Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ


Constitutional law (Cth) – Powers of Commonwealth Parliament – Territories – Inconsistency between Commonwealth and Territory laws – Where Commonwealth civil aviation law regulates matters preparatory to and subsequent to aircraft flight including embarkation and disembarkation of passengers – Where Commonwealth law implements and extends international obligations designed to achieve uniformity in regulation of civil aviation – Where Territory law regulates work health and safety – Whether Commonwealth law designed to operate within framework of other State, Territory and Commonwealth laws – Whether Commonwealth law contains implicit negative proposition that it is only law with respect to safety of persons affected by operations of aircraft including embarkation – Whether Territory law inconsistent with Commonwealth law.

Words and phrases – "alter, impair or detract from", "anti-exclusivity clause", "Chicago Convention", "civil aviation", "cover the field", "embarkation", "implicit negative proposition", "indirect inconsistency", "intention to deal completely, exhaustively or exclusively", "legislative intention", "nationally harmonised laws", "operations associated with aircraft", "rule of conduct", "safety standards", "subject matter".

Constitution – ss 109, 122.

Air Navigation Act 1920 (Cth).

Civil Aviation Act 1988 (Cth)
– ss 3, 3A, 9, 11, 20A, 27, 28BA, 28BD, 28BE, 29, 98. Civil Aviation Regulations 1988 (Cth), regs 2, 215, 235.

Crimes Act 1914 (Cth) – s 4C.

Northern Territory (Self –Government) Act 1978 (Cth), s 6.

Work Health and Safety Act 2011 (Cth).

Work Health and Safety (National Uniform Legislation) Act 2011 (NT)
– ss 19, 27, 32.

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