Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

COMMITTAL PROCEEDINGS
COLAC OTWAY SHIRE (TRADING AS COSWORKS)
Date of alleged offence: 21 May 2002
Date of prosecution:
Magistrate:
Plea:
14 June 2005 at Geelong Magistrates’ Court
His Honour Magistrate Winton-Smith
Not guilty
On 21 May 2001, a vehicle conveying a male and female was travelling in an easterly direction along
Pound Road, Colac. As the vehicle entered an intersection, their vehicle collided with a truck that
was travelling south along the Colac-Lavers Hill Road. The collision resulted in the deaths of both
occupants of the vehicle.
At the time of the collision, the intersection of Pound Road and the Colac Lavers Hill Road was
undergoing roadwork alterations. This work was being conducted by CosWorks (Colac Otway Shire)
together with Vic Roads. This intersection along with another intersection was being altered as
part of a ’black spot program’ - a federal funding initiative set up to provide funding for rectification
works on dangerous roadways. VicRoads successfully applied for funding to alter the Pound
Road and Colac–Lavers Hill Road intersection. VicRoads, having assessed the intersection, had
recommended the insertion of splitter islands in Pound Road.
While works were being conducted at this intersection the existing ‘give way’ sign that was
applicable to traffic travelling east in Pound Road and approaching the intersection with Colac-
Lavers Hill Road was removed.
The exposure to risks to health or safety arising from the conduct of each defendant’s undertaking
was the failure to ensure that traffic control signals were appropriately in place.
While main roads are normally the responsibility of the relevant municipal authority, VicRoads
assumed responsibility for the main roads in the Colac Otway Shire in 1995, at the Shire’s request.
Breach: Section 22 of the Occupational Health and Safety Act 1985.
Result: Discharged at committal.
PROSECUTIONS 2005
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