Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
KYNETON BUSHLAND RESORT LTD
Date of offence: 9 September 2004
Date of prosecution:
Magistrate:
Plea:
12 December 2005 at Kyneton Magistrates’ Court
His Honour Magistrate Spillane
Guilty
On 9 September 2004, an employee of Kyneton Bushland Resort Ltd climbed on top of the shade
sails that covered a swimming pool complex and an adjacent bushland setting to remove a build
up of debris. The shade sails regularly caused blockages in down pipes, particularly during
heavy rains.
The employee fell approximately four metres through the canvas shade sails onto astro turf
covering a concrete floor.
There was no safe system of work for removing leaves and branches which accumulated in the
shade sails. The employee had received no information, instruction or training as to safe methods
of performing the work.
The employee sustained multiple fractures, including head injuries, and spent nine weeks
in hospital.
Breach: Sections 21(1) & (2)(a) of the Occupational Health and Safety Act 1985.
Result: Convicted and released upon entering into an undertaking to be of good behaviour for
two years. Ordered to pay $5,000 to the Breast Cancer Research Foundation.
PROSECUTIONS 2005
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