Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 1
THE CROWN IN THE RIGHT OF THE STATE OF VICTORIA (DEPARTMENT OF JUSTICE)
Date of offence: 24 February 2004
Date of prosecution:
Magistrate:
Plea:
6 December 2005 at Geelong Magistrates’ Court
His Honour Magistrate Beck
Guilty
The Department of Justice is a Department of State that exercises powers of employment on behalf
of the Crown under the Public Sector Management and Employment Act 1998. The defendant, through
an instrumentality known as the Office of Corrections (CORE), operates the Barwon Prison.
On 22 February 2004, a prisoner was shown how to put a flat metal bracket into a power press, pull
down the safety guard and then press the foot pedal to operate the press.
On 24 February 2004, the prisoner was operating a power press when his right hand became
caught in the press. At the time of the incident, the safety guard on the press was raised and the
prisoner had placed a flat bracket into the stamping pad of the press. As the prisoner was doing
this his foot contacted the foot pedal and the press cycled, bringing the upper jaw of the press down
onto his right hand.
The injured prisoner was conveyed to Melbourne’s St Vincent’s Hospital where his middle finger
was sewn onto his index finger, his middle finger was amputated from the middle knuckle and his
ring finger was rejoined.
Breach: Section 22 of the Occupational Health and Safety Act 1985.
Result: Convicted and fined $42,500.
76PROSECUTIONS 2005