Utah Construction and Engineering Pty Ltd v Pataky

Subject Matter

LOCAL GOVERNMENT — Australia — New South Wales — Regulations — Excavation work — Power under statute to make regulations “relating to the manner of carrying out building work, excavation work or compressed work,” and “to safeguards and measures to be taken for securing the safety … of persons engaged in … excavation work” — Regulation prescribing “every drive and tunnel shall be securely protected and made safe for persons employed therein” — Whether extending scope or general operation of enactment — Validity — Scaffolding and Lifts Act, 1912–1960 (NSW), s 22 (1) (2) (g) (iv) (v) — Scaffolding and Lifts Regulations, reg 98

[1966] AC 629; [1966] 2 WLR 197

STATUTORY INSTRUMENT — Validity — Whether ultra vires — Power under statute to prescribe “all matters … required or authorised … or necessary and convenient to be prescribed” for carrying out or giving effect to Act — Power to make regulations “relating to … the manner of carrying out … excavation work” and “safeguards and measures to be taken for securing the safety … of persons engaged in … excavation work” — Regulation providing “every drive and tunnel shall be securely protected and made safe for persons employed therein” — Whether relating to “the manner of carrying out … excavation work” — Whether relating to “safeguards … for securing safety” — Whether regulation ancillary to or extending scope of Act — Australia (New South Wales) — Scaffolding and Lifts Act, 1912–1960 (NSW), ss 22 (1) (2) (g) (iv) (v) — Scaffolding and Lifts Regulations, reg 98

[1966] AC 629; [1966] 2 WLR 197