Prosecutions under the Act
Most prosecutions are brought under section 19(1) of the Act, which relates to the duties of employers to ensure that employees are safe from risk and injury while at work.
A brief summary of examples of prosecutions under the Act since 2000 are set out in the table set out below.
The number of prosecutions under the Act has increased over the years. It seems that in earlier years, prosecutions were generally brought when death or serious injury occurred in the course of employment. OHS prosecutions have expanded to include incidents where little or no injury occurred, however the potential for injury was present.
The vast majority of prosecutions are brought under section 19 of the Act, which imposes a duty on employers to ensure, so far as is reasonably practicable, that employees are safe from injury and risks to health while at work.
From the relevant case law, it is apparent that factors that lead to an increase in penalty for a breach under the Act include:
• the severity of the injury sustained;
• foreseeability by the worker that an incident of the kind could occur;
• deterrant affect the penalty may have on further breaches of the Act;
• previous convictions under the Act; and
• disregard or ignorance of the obligations on the employer under the Act.
Factors that lead to a reduced penalty include:
• risk management systems in place by the employer;
• appropriate level of training and supervision that the employer provides to the worker;
• cooperation of the employer with the investigation of the incident;
• steps taken after the incident to ensure against further injury; and
• no previous convictions under the Act.
|
Case |
Reference |
Outcome |
Section and Penalty |
|
2008 |
|||
|
Patterson v Department of Education and Children’s Services and Colin Raymond Jones |
[2008] SAIRC 68 |
First defendant: Conviction (guilty plea) Second defendant: No conviction (guilty plea) |
First defendant, s 22: $12,000 Second defendant, s 21(1a): $3,000 |
|
Spinks v Metalcorp Recyclers Pty Ltd t/as Onesteel Recycling |
[2008] SAIRC 31 |
Conviction (guilty plea) |
S 19: $26,000 |
|
Awwad v Amcor Packaging (Australia) Pty Ltd |
[2008] SAIRC 24 |
Conviction |
S 19: $25,000 |
|
Paparella v Medmech Solutions Pty Ltd t/as Anaequip Allied Services |
[2008] SAIRC 27 |
Conviction (Guilt pleas on both counts) |
S 19: $34,000 S 19: $8,800 |
|
2007 |
|||
|
Paparella v Garwood Contractors Pty Ltd (t/as Garwood Earth Movers) |
[2007] SAIRC 90 |
Conviction (guilty plea) |
S 19: $44,000 |
|
Baker v Works Infrastructure Pty Ltd |
[2007] SAIRC 84 |
Conviction (guilty plea) |
S 19: $48,000 |
|
Awwad v Castalloy Manufacturing Pty Ltd (t/as Ion Automotive) |
[2007] SAIRC 77 |
Conviction (guilty plea) |
S 19: $52,000 |
|
Barnett v Harris Scarfe Australia Pty Ltd |
[2007] SAIRC 54 |
Conviction (guilty plea) |
S 22: $20,400 |
|
2006 |
|||
|
Awwad v Paperlink Australia Pty Ltd |
[2006] SAIRComm 46 |
Conviction (guilty plea) |
S 19: $4,400 |
|
Awwad v RiIndustries Development Pty Ltd |
[2006] SAIRComm 41 |
Conviction (guilty plea) |
S 19: $17,500 |
|
Baker v Southern Cross Marine Culture Pty Ltd |
[2006] SAIRComm 45 |
Conviction (guilty plea) |
S 19: $32,000 |
|
Paparella v Home Hardware Golden Grove Pty Ltd |
[2006] SAIRComm 42 |
Conviction (guilty plea) |
S 19: $16,000 |
|
Tansell v Port Pirie Regional Council |
[2006] SAIRComm 29 |
Conviction (guilty plea) |
S 19: $21,000 |
|
2005 |
|||
|
Colella v Ilesha Pty Ltd (Trading as Denron Scrap Metal Merchants) |
[2005] SAIRComm 81 |
Conviction (guilty plea) |
S 19: $32,000 |
|
Paparell v TCB Transport Pty Ltd |
[2005] SAIRComm 53 |
Conviction (guilty plea) |
S 19: 20,000 |
|
Moore v MyButcher.com.au Pty Ltd |
[2005] SAIRComm 19 |
Conviction (guilty plea) |
S 19: $9,500 |
|
Paparella v Vinidex Pty Ltd |
[2005] SAIRComm 35 |
Conviction (guilty plea) |
S 22: $19,000 |
|
2004 |
|||
|
Awwad v Alfon Industries Pty Ltd |
[2004] SAIRComm 16 |
Conviction (guilty plea) |
S 19: $8,000 |
|
Moore v Avery Dennison Materials Pty Ltd |
[2004] SAIRComm 15 |
Conviction (guilty plea) |
S 19: $12,000 |
|
Moore v Hobart Ports Corporation Pty Ltd T/as Port Pirie Stevedores |
[2004] SAIRComm 85 |
Conviction (guilty plea) |
S 19: $10,000 |
|
Moore v Kilic Engineering Pty Ltd |
[2004] SAIRComm 89 |
Conviction (guilty plea) |
S 19: $20,000 |
|
2003 |
|||
|
Moore v Blades Australia Pty Ltd |
[2003] SAIRComm 1 |
Conviction (guilty plea) |
S 19: $6,000 |
|
Tansell v George Weston Foods Pty Ltd |
[2003] SAIRComm 16 |
Conviction (guilty plea) |
S 19: $8,000 S 19: $25,000 Reg 6.6.2(1): $3,500 |
|
|
[2003] SAIRComm 37 |
Conviction (guilty plea) |
S 19: $10,000 S 19: $6,000 |
|
Markos v Robinson |
[2003] SAIRComm 35 |
Pleaded not guilty |
Not specified |
|
Moore v Fielders Steel Roofing Pty Ltd |
[2003] SAIRComm 32 |
Pleaded not guilty |
Not specified |
|
2002 |
|||
|
Moore v Lanfranco Furniture International Pty Ltd |
[2002] SAIRComm 12 |
Conviction (guilty plea) |
s 19: $4,500 |
|
Moore v Ottoway Engineering Pty Ltd |
[2002] SAIRComm 7 |
Conviction (guilty plea) |
s 19: $17,000 |
|
Baker v Tatiara Meat Company Pty Ltd |
[2002] SAIRComm 13 |
Conviction (guilty plea) |
s 19: $12,500 |
|
Moore v Mitsubishi Motors |
[2002] SAIRComm 59 |
Conviction (guilty plea) |
S 19: $21,000 |
|
2001 |
|||
|
Loizidis v SA Saw-milling Pty Ltd |
[2001] SAIRC 31 |
Conviction (guilty plea) |
s19: $33,500 s20: $1,500 s 61: $1,000 |
|
2000 |
|||
|
Barnett v Keogh |
[2000] SAIRC 10 |
Conviction (guilty plea) |
s19: $25,000 s20(1)(a): $2,500 s20(1)(b): $1,000 |
|
Moore v Nance |
[2000] SAIRC 12 |
Conviction (guilty plea) |
s19: $20,000 |
|
Baker v Forwood Products Pty Ltd |
[2000] SAIRC 16 |
Conviction (guilty plea) |
s19: $17,000 |
|
Paparella v Simpson Pty Ltd |
[2000] SAIRC 27 |
Conviction (guilty plea |
s19: $32,500 |
January 2009
