Current Actions
Court Proceedings
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Comcare v John Holland Rail Pty Ltd (WA)
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Comcare v John Holland Rail Pty Ltd (VIC)
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Comcare v Commonwealth of Australia (Chief of Army)
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Comcare v Post Logistics Australasia Pty Ltd
Enforceable Undertakings
Civil Proceedings – Comcare v John Holland Rail Pty Ltd
On the 22 August 2008 Comcare filed proceedings in the Federal Court of Australia ( Western Australia) against John Holland Rail Pty Ltd (John Holland Rail) following an investigation into an incident which resulted in a serious personal injury to an apprentice boiler maker. The apprentice was performing work on an item of plant when he sustained a crush injury to one hand.
Comcare is seeking a declaration of contravention by John Holland Rail, of section 16(1) of the Occupational Health and Safety Act 1991 (the Act), and the imposition of a civil pecuniary penalty. Section 16 of the Act requires an employer to take all reasonably practicable steps to protect the health and safety at work of its employees and contractors.
Comcare is alleging that John Holland Rail failed in its duty of care to provide sufficient supervision, instruction and training to its employee and further failed in its duty to take all reasonably practicable steps to protect the health and safety at work of the employee, and that this failure resulted in the serious personal injury that was sustained.
Civil Proceedings – Comcare v John Holland Rail Pty Ltd
On 22 August 2008 Comcare filed proceedings in the Federal Court of Australia (Victoria) against John Holland Rail Pty Ltd (John Holland Rail) following an investigation into an incident which resulted in a serious personal injury to a John Holland Rail contractor. The contractor sustained a serious crush injury to the hand while operating an item of plant, which later resulted in the amputation of a finger
Comcare is seeking a declaration of contravention by John Holland Rail, of section 16(1) of the Occupational Health and Safety Act 1991 (the Act), and the imposition of a civil pecuniary penalty. Section 16 of the Act requires an employer to take all reasonably practicable steps to protect the health and safety at work of its employees and contractors.
Comcare is alleging that John Holland Rail failed in its duty of care to take all reasonably practicable steps to protect the health and safety at work of its contractor, and that this failure resulted in the serious personal injury that was sustained.
Civil Proceedings – Comcare v Commonwealth of Australia (Chief of Army)
On 6 June 2008 Comcare filed proceedings in the Federal Court of Australia (Victoria) against the Chief of Army following an investigation into the death of Australian Army Cadet Nathan Francis, on 30 March 2007. Cadet Francis was participating in a Scotch College Army Cadet Unit bivouac in the Wombat State Forest, Victoria, when he died as the result of a severe allergic reaction to peanuts.
Comcare is seeking a declaration of contravention by the Chief of Army, of section 16(1) of the Occupational Health and Safety Act 1991 (the Act) and the imposition of a civil pecuniary penalty. Section 16 of the Act requires an employer to take all reasonably practicable steps to protect the health and safety at work of its employees. Under the Act, Australian Army Cadets are deemed to be employees while performing cadet activities.
Comcare is alleging that the Australian Defence Force Army failed to take all reasonably practicable steps to protect the health and safety of its cadets during the March 2007 bivouac.
A date for the hearing has not yet been set down.
Civil Proceedings – Comcare v Post Logistics Australasia Pty Ltd
On 26 May 2008 Comcare filed proceedings in the Federal Court of Australia (New South Wales) against Post Logistics Australasia Pty Ltd (Post Logistics) following an investigation into a workplace fatality that occurred in 2006.
Mr John Lapidario, a contracted store person working at the Wetherill Park, New South Wales, facilities of Post Logistics was killed in a workplace accident involving a forklift on 25 May 2006.
Comcare is seeking a declaration of contravention by Post Logistics, of section 16(1) of the Occupational Health and Safety Act 1991 (the Act) and the imposition of a civil pecuniary penalty. Section 16 of the Act requires an employer to take all reasonably practicable steps to protect the health and safety at work of its employees and contractors.
Comcare is alleging that Post Logistics failed in its duty of care to take all reasonably practicable steps to protect the health and safety at work of its contractor, Mr Lapidario.
A date for the hearing has not yet been set down.
Enforceable Undertaking – Australian Postal Corporation
Comcare has accepted a Court-enforceable Undertaking from the Australian Postal Corporation (Australia Post) in relation to an alleged failure by Australia Post to observe its duties under the Occupational Health and Safety Act 1991 (the Act). The Undertaking is a legally enforceable commitment by Australia Post which has been accepted by Comcare as an alternative to Comcare pursuing civil proceedings against Australia Post in relation to the alleged breach of the Act.
The undertaking follows an investigation by Comcare into a motorcycle accident that occurred on 12 November 2004 at Bundoora, Victoria, in which an employee of Australia Post was seriously injured. Comcare’s investigation into the accident revealed that the motorcycle being ridden by the employee at the time of the accident was in an un-roadworthy condition. The investigation further revealed that the employee had not been appropriately supervised to ensure that she did not ride a motorcycle that was un-roadworthy.
Australia Post has undertaken to:
- work with the Monash University Accident Research Centre to design and conduct a significant research study to provide for substantial and sustainable improvements in the safety of motorcycle delivery operations;
- implement in relation to its operations, countermeasures to address any work practices and organisational safety climate factors that have been identified by the study as contributing to the incidence of motorcycle operations related injuries; and
- make available to Comcare the results of the study, for its use to the broader benefit of the community.
Comcare will oversee compliance by Australia Post with the Undertaking for its duration.
A copy of the undertaking can be viewed here:
Enforceable Undertaking - Australian Postal Corporation
A copy of the signed undertaking and enclosures can be obtained by sending a request to: media@comcare.gov.au
Enforceable Undertaking - Department of Defence
Comcare has accepted a Court-enforceable Undertaking from the Department of Defence (through the Chief of the Defence Force) in relation to an alleged failure by the Australian Defence Force to observe its duties under the Occupational Health and Safety Act 1991 (the Act). The Undertaking is a legally enforceable commitment by Defence which has been accepted by Comcare as an alternative to Comcare pursuing civil proceedings against Defence in relation to the alleged breach of the Act.
The Undertaking follows an investigation by Comcare into an accident in June 2005 in which a member of the Australian Defence Force was seriously injured while conducting roadside repairs on an Army vehicle. Comcare’s investigation into the accident revealed that the Australian Defence Force member had not been provided with adequate training and instruction to carry out the repairs in a safe manner. The investigation further revealed that the member had not been appropriately supervised while undertaking the repairs to ensure that he did so safely.
Defence has undertaken to:
- review the Australian Army’s risk management framework and work with Comcare to design and conduct a significant research project into Occupational Health and Safety (OHS);
- review the procedures relating to the type of repair that was conducted on the vehicle involved in the June 2005 accident and amend its policies and procedures where required;
- provide training to all Australian Defence Force and civilian mechanics on the new procedures;
- provide a case study of the item of equipment involved in the June 2005 accident, to all potential Royal Australian Electrical and Mechanical Engineer Corps (Army) supervisors before promotion.
Comcare will oversight compliance by Defence with the Undertaking for its duration.
A copy of the undertaking and enclosures can be viewed here:
Enclosures:
- Defence Occupational Health and Safety Strategy 2007-12
- Defence OHS Policy Statement
- Major Defence Priorities for 2007/08
- Defence OHS Governance Structure
- CDF/SEC/CEO DMO Directive
- ArmySafe Bulletin 3 Apr 07
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Page last updated:September 4, 2008