Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

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CONTENTS Foreword ....................................................................1 Section 1: Health and safety prosecutions ...............3 Section 2: Accident compensation prosecutions ...89 Section 3: Committal proceedings........................107 Section 4: Health and safety appeals ...................131 Appendix: Summary of legislation ........................139 EXPLANATION OF TERMS Nolle prosequi: .....................Discontinuance of prosecution. Sine die: ................................................... Without a day fixed.
FOREWORD Together, the State Government and the Victorian WorkCover Authority (VWA) are working towards continually improving safety in Victoria’s workplaces. We are also committed to maintaining a viable system for compensating those injured while doing their job. Mostly this involves working with employers and workers to eliminate unsafe practices and prevent the needless injuries and deaths that occur in workplaces each year. Unfortunately some duty holders neglect their legal and moral obligations, putting lives at risk. Others undermine our workers’ compensation scheme through dishonest practices. We see enforcement and prosecution as the appropriate consequence, also assisting to deter any future breaches of the law. The VWA is committed to being a constructive, transparent, accountable and effective regulator, publishing its prosecutions to educate those who need to comply with the law as well as deter those who breach it. This booklet details all 2005 VWA prosecutions under the Occupational Health and Safety Act 1985 and regulations. On 1 July 2005, the Occupational Health and Safety Act 2004 commenced operation and provides a new foundation for safer Victorian workplaces in the coming years. The cases reported involve employers, employees and other duty holders such as suppliers of plant that have breached Victoria’s OHS laws. It also outlines cases where workers, employers and service providers have been prosecuted for defrauding the WorkCover system. Many of the cases summarised in this publication are unreported. Prosecutions 2005 is an important reference for employers, employer associations, health and safety representatives, trade unions, the judiciary, occupational health and safety professionals and the wider community. We hope it will increase awareness of the importance of protecting people in their workplace and serve as a powerful deterrent for those who ignore their legislative obligations. John Merritt Executive Director WorkSafe Victoria Len Boehm Executive Director Rehabilitation and Compensation
Page 1: PROSECUTIONS 2005 A SUMMARY OF PROS
Page 5 and 6: SECTION 1: HEALTH AND SAFETY PROSEC
Page 7 and 8: HEALTH AND SAFETY PROSECUTIONS ALKA
Page 9 and 10: HEALTH AND SAFETY PROSECUTIONS ARCH
Page 11 and 12: HEALTH AND SAFETY PROSECUTIONS BAIL
Page 13 and 14: HEALTH AND SAFETY PROSECUTIONS GRAH
Page 15 and 16: HEALTH AND SAFETY PROSECUTIONS BLUE
Page 17 and 18: HEALTH AND SAFETY PROSECUTIONS BRAM
Page 19 and 20: HEALTH AND SAFETY PROSECUTIONS BYDE
Page 21 and 22: HEALTH AND SAFETY PROSECUTIONS CLIV
Page 23 and 24: HEALTH AND SAFETY PROSECUTIONS LUIG
Page 25 and 26: HEALTH AND SAFETY PROSECUTIONS COMM
Page 27 and 28: HEALTH AND SAFETY PROSECUTIONS CRUI
Page 29 and 30: HEALTH AND SAFETY PROSECUTIONS GIUS
Page 31 and 32: HEALTH AND SAFETY PROSECUTIONS GREG
Page 33 and 34: HEALTH AND SAFETY PROSECUTIONS GARY
Page 35 and 36: HEALTH AND SAFETY PROSECUTIONS JASO
Page 37 and 38: HEALTH AND SAFETY PROSECUTIONS HOER
Page 39 and 40: HEALTH AND SAFETY PROSECUTIONS JACO
Page 41 and 42: HEALTH AND SAFETY PROSECUTIONS KALI
Page 43 and 44: HEALTH AND SAFETY PROSECUTIONS KENT
Page 45 and 46: HEALTH AND SAFETY PROSECUTIONS ROBE
Page 47 and 48: HEALTH AND SAFETY PROSECUTIONS KYNE
Page 49 and 50: HEALTH AND SAFETY PROSECUTIONS PAUL
Page 51 and 52: HEALTH AND SAFETY PROSECUTIONS MULC
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HEALTH AND SAFETY PROSECUTIONS NONF
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HEALTH AND SAFETY PROSECUTIONS NORM
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HEALTH AND SAFETY PROSECUTIONS PAGE
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HEALTH AND SAFETY PROSECUTIONS PATR
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HEALTH AND SAFETY PROSECUTIONS PATT
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HEALTH AND SAFETY PROSECUTIONS PSL
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HEALTH AND SAFETY PROSECUTIONS QENO
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HEALTH AND SAFETY PROSECUTIONS RALP
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HEALTH AND SAFETY PROSECUTIONS RICH
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HEALTH AND SAFETY PROSECUTIONS SANI
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HEALTH AND SAFETY PROSECUTIONS SOUT
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HEALTH AND SAFETY PROSECUTIONS STRU
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HEALTH AND SAFETY PROSECUTIONS TANK
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HEALTH AND SAFETY PROSECUTIONS THE
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HEALTH AND SAFETY PROSECUTIONS TIMB
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HEALTH AND SAFETY PROSECUTIONS TURB
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HEALTH AND SAFETY PROSECUTIONS DAVI
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HEALTH AND SAFETY PROSECUTIONS WILL
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HEALTH AND SAFETY PROSECUTIONS PROS
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SECTION 2: ACCIDENT COMPENSATION PR
Page 93 and 94:
ACCIDENT COMPENSATION PROSECUTIONS
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
PROSECUTIONS 2005 105
Page 109 and 110:
SECTION 3: COMMITTAL PROCEEDINGS
Page 111 and 112:
COMMITTAL PROCEEDINGS AUSTRALIAN CO
Page 113 and 114:
COMMITTAL PROCEEDINGS CHUBB SECURIT
Page 115 and 116:
COMMITTAL PROCEEDINGS COLAC OTWAY S
Page 117 and 118:
COMMITTAL PROCEEDINGS EASTERN SUBUR
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COMMITTAL PROCEEDINGS PAUL ALAN FRA
Page 121 and 122:
COMMITTAL PROCEEDINGS ANDREW IRVINE
Page 123 and 124:
COMMITTAL PROCEEDINGS MCDONOUGH CON
Page 125 and 126:
COMMITTAL PROCEEDINGS OUTBACK STAFF
Page 127 and 128:
COMMITTAL PROCEEDINGS PAPER AUSTRAL
Page 129 and 130:
COMMITTAL PROCEEDINGS ROADS CORPORA
Page 131 and 132:
COMMITTAL PROCEEDINGS YARRA VALLEY
Page 133 and 134:
SECTION 4: HEALTH AND SAFETY APPEAL
Page 135 and 136:
HEALTH AND SAFETY APPEALS ACR ROOFI
Page 137 and 138:
HEALTH AND SAFETY APPEALS QANTAS AI
Page 139 and 140:
HEALTH AND SAFETY APPEALS PROSECUTI
Page 141 and 142:
APPENDIX: SUMMARY OF LEGISLATION
Page 143 and 144:
APPENDIX ACCIDENT COMPENSATION ACT
Page 146:
WORKSAFE VICTORIA ADVISORY SERVICE
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