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Prosecution Details

Offender Sharron Linus Tomelty
Trading Name t/a The Miners Arms Hotel

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 GN4573/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
2 GN4574/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
3 GN4575/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
4 GN4576/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
5 GN4577/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
6 GN4578/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
7 GN4579/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
8 GN4580/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
9 GN4581/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
10 GN4582/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
11 GN4583/09 1 November 2008 - 2 April 2009 22nd June 2010 3A(1)(b)(i)(l) $3,000.00 (Global) 22nd June 2010
Description of Breach(es)

CHARGES 1 -5     On 23 February 2009 being an employer to whom Improvement Notices were issued failed to cause these notices, or copies of them, to be displayed in a prominent place at or near the workplace affected by those notices; contrary to ss 48(3) and 54 of the Occupational Safety and Health Act 1984.

CHARGES 6-11    Between 1 November 2008 and 2 April 2009 did not comply with Improvement Notices issued to her within the time specified in those notices; contrary to ss 48(4) and 54 of the Occupational Safety and Health Act 1984

Background Details

The Accused is one of 2 people carrying on the business of the Miner's Arms Hotel in Northampton ("the workplace"). The Accused has a business arrangement with her husband and business partner as to the conduct of the hotel's business. The partner owns the property, whilst the Accused leases the property and runs the hotel. The partner assists with the day to day business of the hotel.

On 11 September 2008  a WorkSafe Inspector attended the workplace and issued Improvement Notices 23300248-53. The dates for compliance of notices 23300248-52 were 5.00 pm on 31 Oct 2008. The date for compliance of notice 23300253 was 5.00 pm 31 December 2008.

On 15 December 2008 the WorkSafe Inspector followed up the progress of these improvement notices by telephone and spoke to the partner, the person who had received these notices on behalf of the Accused. The partner informed the Worksafe Inspector that none of the notices had been complied with.

On 5 February 2009 the WorkSafe Inspector again followed up the progress of these improvement notices by telephone and spoke to the partner, the person who had received these notices on behalf of the Accused. The partner informed the Inspector  that none of the notices had been complied with.

Reminder letters had been sent by WorkSafe to the Accused requesting compliance. These letters had been sent on 6 and 21 November and 4 December 2008 and 8 and 22 January and 5 February 2009.

On 23 February 2009 WorkSafe inspectors attended the workplace. No copies of the notices were observed being displayed at the workplace. WorkSafe had not received compliance slips for any of the notices. Upon inspection none of the issues addressed in the notices had been remedied. The partner confirmed that none of the notices had been complied with. Despite this it was apparent that notice 23300250 had been complied with on 11 February 2009 without the partner's knowledge.

Of the remaining notices, 3 were attended to later that day on 23 February 2009. Compliance receipts for the final 2 notices were returned to WorkSafe by post and were marked as having been complied with 2 April 2009.  

The accused plead guilty to all charges.




Outcome Summary

Convicted

Global fine of $3000.00 for 11 charges

Court Magistrates Court of Western Australia - Geraldton
Costs $1625.70 (Global)
Notes

Please note that the charges have a global fine. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.

Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.

Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.