Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Subsee Explorer Pty Ltd [2011] FCA 837 Citation: Comcare v Subsee Explorer Pty Ltd [2011] FCA 837
Parties: COMCARE v SUBSEE EXPLORER PTY LTD (ACN 010 583 463)
File number: QUD 308 of 2009
Judge: COLLIER J
Date of judgment: 27 July 2011
Catchwords: INDUSTRIAL LAW – occupational health and safety – determination of quantity of pecuniary penalty – two employees and three members of the public died at sea when vessel made by respondent sank in the Torres Strait – breaches of s 18(1) and s 19(1) of the Occupational Health and Safety Act 1991 (Cth) admitted by respondent – principles in Comcare v Commonwealth of Australia [2007] FCA 662; (2007) 163 FCR 207 relevant to determining quantity of pecuniary penalty – seriousness of breach – consideration of mitigating factors
Legislation: Navigation Act 1912 (Cth) Occupational Health and Safety Act 1991 (Cth) Sch 2, ss 18(1), 19(1) Transport Operations (Marine Safety) Act 1994 (Qld)
Cases cited: Comcare v Commonwealth of Australia [2007] 163 FCR 207 cited Comcare v The Commonwealth of Australia [2010] FCA 1331 related Inspector Jelley v Lanza Management Pty Ltd [2008] NSWIRComm 125 cited
Date of hearing: 12 July 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 63
Counsel for the Applicant: Mr AK Herbert
Solicitor for the Applicant: DibbsBarker
Counsel for the Respondent: Mr J Trevino
Solicitor for the Respondent: Miller Bou-Samra Lawyers
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