Putting you first at the centre of what we do. Keeping you healthy and safe at work. Supporting you when you are harmed at work. Ensuring your scheme works and is sustainable.
Completed actions
This section provides summaries of civil proceedings and case studies of litigation commenced pursuant to the Occupational Health and Safety Act 1991 (Cth). The decisions are listed chronologically, and are grouped into two separate categories:
Civil proceedings
These cases set out the final orders of the Federal Court or Fair Work Australia on whether duty-holders have complied with Federal Work Health and Safety law, or whether appeals against decisions of Comcare or its investigators are successful.
Interlocutory or procedural decisions of interest
These cases deal with procedurally-related questions that arise during substantive proceedings, but which must first be resolved before the Court can proceed to make final orders on whether or not duty-holders have complied with Federal Work Health and Safety law.
Enforceable undertakings
Consistent with the Occupational Health and Safety Act 1991 (the Act) and Comcare Regulation Policy, Comcare may accept an enforceable undertaking from a duty holder instead of commencing civil proceedings for an alleged breach of the Act. Enforceable undertakings may also be used in appropriate circumstances to adjourn or resolve civil proceedings that are already underway.