Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Airservices Australia [2016] FCA 418 File number: NTD 18 of 2015
Judge: WHITE J
Date of judgment: 22 April 2016
Catchwords: INDUSTRIAL LAW – occupational health and safety – admitted contraventions of ss 16 and 17 of the Occupational Health and Safety Act 1991 (Cth) – quantity of pecuniary penalty – appropriate considerations – seriousness of breach – deterrence – mitigating factors.
Legislation: Air Services Act 1995 (Cth) s 7 Crimes Act 1914 (Cth) s 4AA Criminal Code (NT) s 174F Occupational Health and Safety Act 1991 (Cth) ss 3, 5, 16, 17, 77 Traffic Act (NT) s 30(1) Traffic Regulations (NT) Sch 3 Australian Road Rules Work Health and Safety Act 2011 (Cth) Work Health and Safety (Transitional and Consequential Provisions) Act 2011 (Cth) Sch 2
Cases cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (No 4) [2006] FCA 21; [2006] ATPR 42-101 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [1999] FCA 858 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 560 Comcare v Commonwealth of Australia [2007] FCA 662; (2007) 163 FCR 207 Comcare v Commonwealth of Australia [2009] FCA 700; (2009) 257 ALR 462 Comcare v Commonwealth of Australia [2010] FCA 1331; (2010) 120 ALD 1 Comcare v Commonwealth of Australia [2015] FCA 810 Comcare v Post Logistics Australasia Pty Ltd [2012] FCAFC 168; (2012) 207 FCR 178 Comcare v Transpacific Industries Pty Ltd [2012] FCA 90 Comcare v Transpacific Industries Pty Ltd [2015] FCA 500 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 326 ALR 476 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59; (2015) 229 FCR 331 Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432 DPP v Vibro-Pile (Aust) Pty Ltd [2016] VSCA 55 Green v The Queen [2011] HCA 49; (2011) 244 CLR 462 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 Oaten v Engineering Employers Association SA Group Training Scheme Inc [2006] SAIRC 70
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