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Court action over fatal crash involving Transpacific Industries truck

Media release

 - 20 Dec 2013

Comcare has today filed legal proceedings in the Federal Court of Australia (Perth Registry) against Transpacific Industries Pty Ltd (Transpacific). Comcare will allege that Transpacific breached federal work health and safety laws.

The legal proceeding arises from an incident on 28 February 2011 when a Transpacific garbage truck collided head on with a Kia Rio in Caversham, Perth. The driver of the Kia Rio, a member of the public, sustained fatal injuries from the crash. The Transpacific truck crossed onto the wrong side of the road and into the path of the Kia Rio, after its brakes allegedly failed and it ran into the rear of another vehicle in front of it.

Comcare Regulatory Services General Manager, Neil Quarmby said that this tragedy shows the need for business to engage in improving road safety for all Australians through enhancing their safety systems, training and vigilance.

In this matter, Comcare will allege multiple breaches whereby Transpacific failed to take all reasonably practicable steps to provide and maintain a safe working environment for its employees, and failed to take all reasonably practicable steps to ensure that people at or near its workplace are not exposed to risks to their health and safety arising out of Transpacific’s conduct.

Transpacific has previously had a civil penalty imposed by the Federal Court of Australia for breaching Commonwealth work health and safety laws.

The maximum civil penalty for each alleged breach is $242 000.


20 December 2013

Media Contact:
Comcare Media Team
0478 305 675
media@comcare.gov.au

 

Page last updated: 20 Dec 2013