Comcare v Post Logistics Australasia Pty Limited [2011] FCA 1422

FEDERAL COURT OF AUSTRALIA

Comcare v Post Logistics Australasia Pty Limited [2011] FCA 1422 Citation: Comcare v Post Logistics Australasia Pty Limited [2011] FCA 1422

Parties: COMCARE v POST LOGISTICS AUSTRALASIA PTY LIMITED

File number: NSD 1451 of 2010

Judge: BUCHANAN J

Date of judgment: 13 December 2011

Catchwords: INDUSTRIAL LAW – breach of s 16 of the Occupational Health and Safety Act 1991 (Cth) – liability admitted – question of pecuniary penalty to be imposed – assessment must take into account the particular circumstances of the incident – whether principles should be adopted from criminal law sentencing process – penalty should reflect objective seriousness of breach – assessment must also focus on the practical steps that could be taken to protect the health and safety of employees at the workplace – penalty imposed which differs from assessment offered by the parties

Legislation: Australian Postal Corporation Act 1989 (Cth) Evidence Act 1995 (Cth) ss 140, 141, 191 Occupational Health and Safety Act 1991 (Cth) ss 16, 18, 19, 20, 21, sch 2 cl 2, 4, 8

Cases cited: Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 Comcare v Australian Postal Corporation [2011] FCA 530 Comcare v Commonwealth (2007) 163 FCR 207 Comcare v Commonwealth of Australia [2009] FCA 700; (2009) 110 ALD 252; (2009) 257 ALR 462 Comcare v John Holland Rail Pty Ltd [2009] FCA 771; (2009) 188 IR 415 Comcare v Post Logistics Australasia Pty Ltd [2008] FCA 1987; (2008) 107 ALD 578; (2008) 178 IR 200 Coochey v Commonwealth (2005) 149 FCR 312 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Markarian v R (2005) 228 CLR 357