Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v John Holland Pty Ltd [2014] FCA 1191 Citation: Comcare v John Holland Pty Ltd [2014] FCA 1191
Parties: COMCARE v JOHN HOLLAND PTY LTD (ACN 004 282 268), JOHN HOLLAND GROUP PTY LTD (ACN 050 242 147) and JOHN HOLLAND RAIL PTY LTD (ACN 009 252 653)
File number(s): WAD 45 of 2014
Judge(s): SIOPIS J
Date of judgment: 7 November 2014
Catchwords: INDUSTRIAL LAW – fatal injury to an employee working on an engineering site – contravention of s 16(1) and s 18(1) of the Occupational Health and Safety Act 1991 (Cth) – early admission by respondents of contraventions of the Act – contrition expressed by respondents – respondents cooperated with the applicant before and after the commencement of the proceeding – whether respondents should get a discount of up to 25% in respect of the early admission of contraventions of the Act - whether the application of an arithmetical discount of that nature accords with principles to be applied in imposing a civil penalty in respect of contraventions of the Act.
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M. Occupational Health and Safety Act 1991 (Cth) ss 16(1), 18(1) Workplace Relations Act 1996 (Cth) ss 400(5), 792
Cases cited: Barbaro v The Queen (2014) 305 ALR 323 Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336 Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998 Comcare v John Holland Pty Ltd (No 2) [2009] FCA 1515 Comcare v John Holland Pty Ltd [2012] FCA 449 Comcare v John Holland Rail Pty Ltd (2009) 188 IR 415 Comcare v Commonwealth (2007) 163 FCR 207 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 Tax Practitioners Board v Su [2014] FCA 731 R v Thompson (2009) 49 NSWLR 383 Comcare v Post Logistics Australasia Pty Ltd (2012) 207 FCR 178 Cameron v The Queen (2002) 209 CLR 339 Comcare v Post Logistics Australasia Pty Ltd (2008) 178 IR 200 Comcare v Transpacific Industries Pty Ltd (2012) 129 ALD 486 Comcare v Post Logistics Australasia Pty Limited [2011] FCA 1422
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