Prosecution Details

Charge 1 - Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who was required to drive a commercial vehicle, that formed whole or part of the workplace, (without a relief driver) drove that vehicle in accordance with regulation 3.132 (2) (a) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act1984; Contrary to regulation 3.131(1)(a), 3.132 (2) (a)  and 1.16 of the Occupational Safety and Health Regulations 1996.

 Charge 2 -Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who was required to drive a commercial vehicle, that formed whole or part of the workplace, (without a relief driver) drove that vehicle in accordance with regulation 3.132 (2) (a) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act1984; Contrary to regulation 3.131(1)(a), 3.132 (2) (a)  and 1.16 of the Occupational Safety and Health Regulations 1996

The accused trades as Sun City Bakeries and is situated in an industrial area of Geraldton.  The Bakery supplies bread and other like products to the local area and Karratha and Port Hedland.

The accused had Commercial Vehicles driven by Commerical Vehicle Drivers on the material dates.  

Charge 1 -  Between 30 July 2007 to 15 September 2007 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused at least 14 times without taking the required 7 hour break of non work time after 17 hours of work time.

Charge 2 -  Between 30 July 2007 to 15 September 2007 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused numerous times without taking the required 7 hour break of non work time after 17 hours of work time.

It was practicable for the Accused to but the accused did not:

 a) Ensure drivers knew how long they could drive without a continuous break of 7 hours of non-work time after 17 hours of work time; and/or

 b) Satisfy itself that the drivers understood the requirement for a continuous 7 hours of non-work time after 17 hours of work-time; and/or

c) Allow the drivers enough time in their schedule to have a continuous 7 hours of non-work time after 17 hours of work time; and/or

d) Have an effective system to check, monitor and control the driver's compliance with the Occupational Safety and Health Regulations 1996; and/or

e) Provide a relief driver.

A schedule provided to the drivers for their driving was by the drivers own account unworkable and when concerns were raised they were ignored by the company and its management.

There are two previous convictions record for Wytona Pty Ltd

This matter with 2 charges was heard with another prosecution of Wytona Pty Ltd with 6charges.  The Accused was convicted on all 8 charges.  A glogal penalty of $60,000.00 for all 8 charges. Costs for this matter was $2500.00 and costs for the first matter $3035.54

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.