Comcare v Airservices Australia [2016] FCA 418

Comcare v Airservices Australia [2016] FCA 418

Airservices Australia seriously breached its obligations under s 16(1) of the Occupational Health and Safety Act 1991 (Cth) by failing to take all reasonably practicable steps to protect its employees, particularly by failing to provide appropriate training and risk assessment in relation to driving fire trucks under emergency conditions. The same conduct also breached s 17 regarding the safety of others. The breach was objectively serious due to the obvious and foreseeable risks. However, substantial mitigation was warranted because Airservices admitted liability at the earliest opportunity, showed genuine contrition, cooperated fully in investigations, and undertook comprehensive...

Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Civil Penalty Proceeding / Judgment After Admission of Liability
Outcome
Declarations made of contraventions; pecuniary penalty imposed; costs ordered.
Legal Topics
['pecuniary Penalty' 'workplace Health and Safety' 'risk Assessment' 'training Obligations' 'mitigating Factors']
['industrial Law' 'occupational Health and Safety'] ['pecuniary Penalty' 'workplace Health and Safety' 'risk Assessment' 'training Obligations' 'mitigating Factors']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Judgment After Admission of Liability

Legal Issues

  1. 1 ['Whether Airservices Australia breached its obligations under ss 16(1) and 17 of the Occupational Health and Safety Act 1991 (Cth) by failing to train/inform/instruct employees regarding driving on public roads under emergency conditions and failing to conduct appropriate risk assessment.' 'Appropriate level of pecuniary penalty.']

Ratio Decidendi

Airservices Australia seriously breached its obligations under s 16(1) of the Occupational Health and Safety Act 1991 (Cth) by failing to take all reasonably practicable steps to protect its employees, particularly by failing to provide appropriate training and risk assessment in relation to driving fire trucks under emergency conditions. The same conduct also breached s 17 regarding the safety of others. The breach was objectively serious due to the obvious and foreseeable risks. However, substantial mitigation was warranted because Airservices admitted liability at the earliest opportunity, showed genuine contrition, cooperated fully in investigations, and undertook comprehensive...

Court Disposition

Declarations made of contraventions; pecuniary penalty imposed; costs ordered.

Orders

  • ['The Court declared Airservices Australia contravened subcl 2(1)(a) of Sch 2 of the Occupational Health and Safety Act 1991 (Cth) by breaching s 16(1) and s 17 as specified.' 'Airservices Australia to pay a pecuniary penalty of $160,000 to the Commonwealth in respect of the contravention of s 16(1).' 'No penalty...