Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Australian Postal Corporation [2011] FCA 1533 Citation: Comcare v Australian Postal Corporation [2011] FCA 1533
Parties: COMCARE v AUSTRALIAN POSTAL CORPORATION
File number: QUD 541 of 2010
Judge: LOGAN J
Date of judgment: 5 December 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 – mail centre – accident occurred causing serious injury to employee – traffic management plan existed but was not enforced – failure through corporate chain of command to enforce the plan – pecuniary penalty sought and imposed – factors to take into account
Legislation: Occupational Health and Safety Act 1991 (Cth) ss 5, 9A, 16, Sched 1
Cases cited: Australian Communications and Media Authority v Mobilegate Ltd (No 4) (2009) 180 FCR 467 applied Comcare v Commonwealth of Australia [2011] FCA 1043 cited Comcare v Commonwealth (2007) 163 FCR 207 referred to McLean v Tedman (1984) 155 CLR 306 cited Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53 cited
Date of hearing: 5 December 2011
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: Ms K Mellifont SC
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr JE Murdoch SC
Solicitor for the Respondent: Sparke Helmore
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