Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Gritsch [2010] FCA 1220
Citation: Comcare v Gritsch [2010] FCA 1220
Parties: COMCARE v PETER GRITSCH
File number: ACD 3 of 2010
Judge: STONE J
Date of judgment: 12 November 2010
Catchwords: INDUSTRIAL LAW – occupational health and safety – federal police officer unintentionally discharged pistol in office space – obligation of employees not to create risk or increase existing risk to persons at or near workplace – imposition of pecuniary penalty – agreed pecuniary penalty
INDUSTRIAL LAW – imposition of pecuniary penalty – factors relevant to determination of amount of penalty – agreed pecuniary penalty – significance of fact of agreement
Legislation: Crimes Act 1914 (Cth) s 4AA(1) Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 21 Occupational Health and Safety Act 1991 (Cth) ss 16, 21(1)(a), 68(c), cl 2(1) of Sch 2 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 68
Occupational Health and Safety (Safety Standards) Regulations 1994 (Cth)
Cases cited: ACCC v Australian Abalone Pty Ltd [2007] FCA 1834 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Competition and Consumer Commission v Jetplace Pty Ltd [2010] FCA 759 Comcare v Commonwealth of Australia (2007) 163 FCR 207 Comcare v Commonwealth of Australia [2009] FCA 700; (2009) 184 IR 441; 110 ALD 252 Comcare v John Holland Rail Pty Ltd [2009] FCA 771; 188 IR 415 Comcare v Post Logistics Australasia Pty Ltd [2008] FCA 1987; (2008) 178 IR 200 Coochey v Commonwealth (2005) 149 FCR 312 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 Minister for the Environment, Heritage and the Arts v PGP Development Pty Limited (2010) 183 FCR 10 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 NW Frozen Foods Pty ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Secretary, Department of Health and Ageing v Prime Nature Prize Pty Ltd (in liquidation) [2010] FCA 597
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