Appendix - Statutory reporting requirements under the Work Health and Safety Act 2011
Table 31: Incident notifications received by Comcare under the WHS Act—as at 30 June 2016
|Type of notification||2012–13||2013–14||2014–15||2015–16|
|Assessed as notifiable worker fatalities||8||8||9||14|
|Serious Injury or Illness||564||579||524||523|
Investigations and notices
Table 32: Number of investigations/compliance inspections and interventions commenced
|Total investigations/compliance inspections||342||178||129||88|
Table: Number of notices and directions under the WHS Act
|Notices issued under section 155||111||114||78||132|
|Notices issued under section 171||9||10||8||5|
|Notices issued under section 175 or 176||0||0||0||0|
|Notices issued under section 191||18||26||8||18|
|Notices issued under section 195||16||15||6||8|
|Directions given under section 198||4||8||1||2|
During 2015–16, Comcare received five valid applications for internal review (section 224 of the WHS Act). There were no applications (section 229 of the WHS Act) received.
During 2015–16, Comcare took no remedial action under section 211 or section 212 of the WHS Act.
During 2015–16, Comcare did not issue any infringement notices under section 243 of the WHS Act. At this time Comcare has not adopted the infringement notice scheme.
In 2015–16, Comcare continued one and commenced two criminal proceedings under the Work Health and Safety Act 2011 (Cth) (WHS Act). Comcare concluded one criminal proceeding—detail about criminal proceedings is available below.
In 2015–16, Comcare concluded two civil enforcement proceedings under the repealed Occupational Health and Safety Act 1991 (OHS Act). There are no outstanding OHS Act prosecution matters.
Criminal prosecutions under the WHS Act
Phillip Hanel v John Holland Pty Ltd (AC15100074/KW)—Commenced
A criminal prosecution against John Holland Pty Ltd (John Holland) alleging three offences under section 32 of the WHS Act was commenced on 23 July 2015. The proceedings relate to an incident which occurred on 26 July 2013 at the Urban Superway Precast yard (part of the Urban Superway project at South Road, Angle Park, South Australia) where a portal crane collided with an occupied elevated work platform. The occupant of the elevated work platform sustained left thigh/calf contusion, lumbar back strain and was fit for restricted (light) duties from 26 July 2013. On 8 March 2016, John Holland lodged an application for the matter to be struck out. The strike out application was heard in the Adelaide Magistrates Court on 4 July 2016. The decision is to be handed down on a date yet to be set in September 2016.
Richard Styles v Transpacific Industries Pty Ltd (ACA14100400)—Commenced
A criminal prosecution alleging two offences under section 32 of the WHS Act was commenced against Transpacific Industries Pty Ltd (TPI) on 24 July 2015. The proceedings relate to an incident which occurred at the TPI Wingfield solvent distillation plant on 25 July 2013, where a flash fire emerged from a chemical distillation still during the process of distilling a new chemical waste product. A TPI worker in the near vicinity was injured as a result. TPI plead guilty to an amended charge. The sentencing hearing has been listed for 7 October 2016 in the Adelaide Magistrates Court.
Jenna Handy v John Holland Pty Ltd (AC13100249/MV)—Completed
A criminal prosecution against John Holland alleging two offences under section 32 of the WHS Act was commenced on 11 June 2014. The proceedings relate to an incident that occurred on 15 June 2012. Specifically, the incident occurred at the Urban Superway project site where a cement drain pipe was being installed over a busy intersection (at South Road, Angle Park, South Australia) when a portion broke and struck two vehicles below. John Holland pleaded guilty to the charges and a penalty hearing was held on 15 April 2016. On 8 June 2016, the Court imposed an aggregate penalty of $130 000 against John Holland in relation to the two offences committed.
Civil enforcement proceedings under the OHS Act
Comcare v John Holland (QUD772/2013)—Completed
On September 2011, Mr Sam Beveridge suffered fatal injuries as a result of an incident while working on the Brisbane Airport Link Project. John Holland Pty Ltd admitted it had breached the OHS Act because it failed to take reasonably practicable steps to provide a work environment that was safe for employees without risk to their health. On 11 May 2016, the Federal Court of Australia imposed a penalty of $170,000 on John Holland.
Comcare v AirServices Australia (NTD18/2015)—Completed
On 7 August 2011, there was an incident involving one of Airservices Australia’s tanker trucks on route to an off-airport fire. The incident occurred when the truck proceeded through a red light on a public street and collided with a public vehicle. Two people in the public vehicle died as a result of the incident. Airservices Australia admitted it had breached the OHS Act by failing to take all reasonably practicable steps to protect the health and safety of its employees at work, and by failing to ensure members of the public were not exposed to health and safety risks arising from Airservices’ work. On 22 April 2016, the Federal Court of Australia imposed a penalty of $160,000 on AirServices Australia.