Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Transpacific Industries Pty Ltd [2014] FCA 1420 Citation: Comcare v Transpacific Industries Pty Ltd [2014] FCA 1420
Parties: COMCARE v TRANSPACIFIC INDUSTRIES PTY LTD
File number: SAD 58 of 2014
Judge: MANSFIELD J
Date of judgment: 23 December 2014
Catchwords: INDUSTRIAL LAW – occupational health and safety – inhalation of sodium sulphide – breach of s 16 of the Occupational Health and Safety Act 1991 (Cth) – pecuniary penalty – liability admitted – seriousness of the breach – foreseeable risk – lack of adequate supervision and training – inadequate risk assessment and management – specific and general deterrence – mitigating factors – contrition – corrective measures taken
Legislation: Occupational Health and Safety Act 1991 (Cth) Work Health and Safety (Transitional and Consequential Provisions) Act 2011 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Occupational Health and Safety (Safety Standards) Regulations 1994 (Cth) Crimes Act 1914 (Cth) Evidence Act 1995 (Cth)
Cases cited: Comcare v Commonwealth [2012] FCA 1419 cited Comcare v Post Logistics Australasia Pty Ltd (2012) 207 FCR 178 applied Comcare v Commonwealth (2007) 163 FCR 207 applied Workcover Authority of New South Wales v Profab Industries Pty Ltd (2000) 49 NSWLR 700 cited DPP v Amcor Packaging Pty Ltd (2005) 11 VR 557 cited Comcare v Transpacific Industries Ltd [2012] FCA 90 applied Comcare v John Holland Pty Ltd [2009] FCA 771 cited Comcare v Linfox Australia Pty Ltd [2010] FCA 793 cited Comcare v Australian Postal Corporation [2011] FCA 1533 cited Comcare v Commonwealth [2011] FCA 1043 cited Comcare v Commonwealth (2009) 184 IR 441 cited
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