Comcare v Commonwealth of Australia [2009] FCA 700

FEDERAL COURT OF AUSTRALIA

Comcare v Commonwealth of Australia [2009] FCA 700

INDUSTRIAL LAW – occupational health and safety – breach of duty of employer to take all reasonably practicable steps to protect the health and safety of employees – camp for cadets organised by Scotch College Cadet Unit – death of cadet with peanut allergy due to consumption of food with peanuts – systemic failure to ensure appropriate use of medical information collated for purpose of camp when distributing food – pecuniary penalty sought – factors to take into account

PRACTICE AND PROCEDURE – civil proceedings – use of victim impact statements INDUSTRIAL LAW – occupational health and safety – breach of duty of employer to take all reasonably practicable steps to protect the health and safety of employees – group of cadets lost overnight without proper communication equipment – request for adjournment based on the applicant considering that an appropriate undertaking is in force – whether Court must be satisfied undertaking is reasonable

Crimes Act 1914 (Cth) s 4AA Occupational Health and Safety Act 1991 (Cth) ss 5, 9(5), 10, 16(1), 40(2), 41(1)(b), 53(1), Sch 2 cl 2, cl 14, cl 16 Sentencing Act 1991 (Vic) Pt 6 Div 1A

Comcare v Commonwealth (2007) 163 FCR 207; [2007] FCA 662 (Trooper Lawrence) applied Comcare v Post Logistics Australasia Pty Ltd (2008) 178 IR 200; [2008] FCA 1987 cited Director of Public Prosecutions v Amcor Packaging Australia Pty Ltd (2005) 11 VR 557; [2005] VSCA 219 discussed Director of Public Prosecutions v DJK [2003] VSCA 109 approved Director of Public Prosecutions v Yarra Valley Water Limited (2006) 159 IR 395; [2006] VSCA 279 discussed Lawrenson Diecasting Pty Ltd v Workcover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 applied R v Dowlan [1998] 1 VR 123 discussed R v Medini [2002] VSC 12 cited R v Propsting [2009] VSCA 45 applied Veen v R (No 2) (1988) 164 CLR 465; [1988] HCA 14 applied Workcover Authority of New South Wales v Profab Industries Pty Ltd (2000) 49 NSWLR 700 applied