Comcare v Commonwealth of Australia [2012] FCA 1419

FEDERAL COURT OF AUSTRALIA

Comcare v Commonwealth of Australia [2012] FCA 1419 Citation: Comcare v Commonwealth of Australia [2012] FCA 1419

Parties: COMCARE v COMMONWEALTH OF AUSTRALIA

File number: NSD 469 of 2011

Judge: GRIFFITHS J

Date of judgment: 13 December 2012

Catchwords: INDUSTRIAL LAW – occupational health and safety – cadet officer injured during training conducted by the Australian Defence Force Academy – breach of s 16 Occupational Health and Safety Act 1991 (Cth) – amount of penalty under Sch 2 cl 4 – whether penalty agreed between the parties ought to be accepted – relevance of prior incidents – significance of the separate role and functions of the Australian Defence Force Academy from other sections of the Australian Defence Force.

Legislation: Occupational Health and Safety Act 1991 (Cth) ss 3, 5, 9, 10, 11, 16, Sch 2 cll 2, 4

Cases cited: Australian Competition & Consumer Commission v Ithaca Ice Works Pty Ltd [2001] FCA 1716; [2002] ATPR ¶41-851 Australian Competition and Consumer Commission v Qantas Airways Ltd (2008) 253 ALR 89 Australian Competition & Consumer Commission v PRK Corporation Pty Ltd [2009] FCA 715; [2009] ATPR ¶42-295 Comcare v Commonwealth (2007) 163 FCR 207 Comcare v Commonwealth of Australia (2009) 184 IR 441 Comcare v Subsee Explorer Pty Ltd (2011) 210 IR 322 Comcare v Post Logistics Australasia Pty Limited [2012] FCAFC 168 Comcare v Transpacific Industries Pty Ltd [2012] FCA 90 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Limited [2004] FCAFC 72; [2004] ATPR ¶41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285