Comcare v Commonwealth of Australia [2011] FCA 1043

FEDERAL COURT OF AUSTRALIA

Comcare v Commonwealth of Australia [2011] FCA 1043 Citation: Comcare v Commonwealth of Australia [2011] FCA 1043

Parties: COMCARE v COMMONWEALTH OF AUSTRALIA

File number: QUD 95 of 2011

Judge: LOGAN J

Date of judgment: 31 August 2011

Catchwords: 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 – hospitalisation of cadet with peanut allergy due to consumption of rations with peanut products – prior parental notification to Commonwealth of cadet's allergy - failure to ensure through chain of command that allergy was addressed when distributing rations – pecuniary penalty sought and imposed – factors to take into account PRACTICE AND PROCEDURE – civil proceedings – use of victim impact statements – where Act silent in respect of use of said statements

Legislation: Air Force Act 1923 (Cth) Defence Act 1903 (Cth) s 62 Federal Court of Australia Act 1976 (Cth) Naval Defence Act 1910 (Cth) Occupational Health and Safety Act 1991 (Cth) ss 5, 9, 16, Sch 2 Cadet Forces Regulations 1977 (Cth) Workplace Health and Safety Act 1995 (Qld) s 168B

Cases cited: Australian Communications and Media Australia v Mobilegate Ltd (No 4) (2009) 180 FCR 467 considered Comcare v Commonwealth of Australia (2009) 184 IR 441 considered Comcare v John Holland Pty Ltd [2009] FCA 1196 followed Comcare v Commonwealth (2007) 163 FCR 207 applied Director of Public Prosecutions v Amcor Packaging Australia Pty Ltd (2005) 11 VR 557 considered Director of Public Prosecutions v Yarra Valley Water Ltd (2006) 159 IR 395 considered Groves v Commonwealth (1982) 150 CLR 113 cited McLean v Tedman (1984) 155 CLR 306 considered Millar v Bornholt (2009) 177 FCR 67 considered