Comcare v National Gallery of Australia [2007] FCA 1548

FEDERAL COURT OF AUSTRALIA

Comcare v National Gallery of Australia [2007] FCA 1548

INDUSTRIAL LAW – employer admits breach of Occupational Health and Safety Act 1991 (Cth) in respect of contractor over which it had control – agreed facts and penalty jointly proposed Occupational Health and Safety Act 1991 cl 2(1)(a) of Schedule 2 Pt 1, cl 4(1) of Schedule 2 Pt 1, s 9A, s 16A(4) Comcare v Commonwealth of Australia(2007) 162 IR 407, [2007] FCA 662 cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd (2004) ATPR 41-993, [2004] FCAFC 72 followed COMCARE v NATIONAL GALLERY OF AUSTRALIA ACD 15 OF 2007

GYLES J

2 OCTOBER 2007

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 15 OF 2007

BETWEEN: COMCARE

Applicant

AND: NATIONAL GALLERY OF AUSTRALIA

Respondent

JUDGE: GYLES J

DATE OF ORDER: 2 OCTOBER 2007

WHERE MADE: CANBERRA

THE COURT: 1. DECLARES: Pursuant to cl 2(1)(a) of Schedule 2, Pt 1 of the Occupational Health and Safety Act 1991 (Cth) (the Act), that the respondent, an employer, on 14 February 2005 at premises located at Parkes Place, Parkes, Australian Capital Territory, breached the Act in that it failed to prevent contractors Mr Nicholas Rubenis and Mr Timothy Westend from accessing its place of work and carrying out the task of relocating temporary display walls of five (5) metres in height before a risk assessment and a Hazard Identification Control Table had been completed and then reviewed and approved by the respondent. As a result of the said failures, the two contractors were exposed to an unsafe system of work and a risk to their health and safety. 2. ORDERS THAT: (a) The respondent pay to the Commonwealth a pecuniary penalty of $20,000 in relation to the contravention pursuant to cl 4(1) of Schedule 2, Pt 1 of the Act. (b) The respondent pay the applicant's costs, as agreed, or taxed.