|Charge||Charge Number||Offence Date||Date Convicted||Regulation||Section||Penalty Provision||Penalty Imposed||Date Sentenced|
|1||BB107/10||10 September 2008||13th June 2012||47(1)(d) 54||3A(1)(b)(i)(l)||$500.00||13th June 2012|
|Description of Breach(es)||
Provided to an Inspector an answer (or information) that was false or misleading in a material particular; contrary to section 47(1)(d) of the Occupational Safety and Health Act 1984
The accused was a director of the company Sin-Aus-Nanga Bay Pty Ltd that operates Nanga Bay Resort in Shark Bay. In late 2007 or early 2008 the accused took over the position of manager at the Nanga Bay Resort.
On 11 October 2007, an Inspector appointed under section 42 of the Occupational Safety and Health Act 1984 (Act), having formed the opinion, on reasonable grounds, that Sin-Aus-Nanga Bay Pty Ltd was contravening a number of provisions of the Act and the Occupational Safety and Health Regulations 1996, issued to Sin-Aus-Nanga By Pty Ltd a number of improvement notices, including improvement notices 23300089, 23300090, 23300091, 23300092, 23300093 and 23300094.
On 23 January 2008 the Inspector spoke to the accused by telephone and was told by the accused that he was not aware of improvement notices issued by the Inspector on 11 October 2007. Subsequent to that conversation, and in accordance with what he had told the accused, the Inspector faxed to the Nanga Bay Resort copies of all of the improvement notices that he had issued on 11 October 2007. The Inspector also sent copies of the improvement notices to the Nanga Bay Resort by registered post. The Inspector received a confirmation of delivery receipt for that registered post on 4 February 2008.
On 2 April 2008 WorkSafe received the bottom portion of a number of the improvement notices issued by the Inspector to Sin-Aus-Nanga Bay Pty Ltd, including improvement notices numbers 23300089, 23300090, 23300091, 23300092, 23300093 and 23300094 , indicating that the notices had been complied with.
Subsequently, the Inspector discovered that several of those improvement notices had not in fact been complied with. In the course of investigating whether any offence against the Act had been committed in relation to the delivery of the false compliance slips to WorkSafe, the Inspector required the accused, to be interviewed and to answer questions put to him pursuant to section 43(1)(k) and (l) of the Act.
In response to questions concerning whether the accused was aware that Sin-Aus-Nanga Bay Pty Ltd had received improvement notices issued by the Inspector on 11 October 2007, the accused gave the Inspector the following answer:
"No, no never seen anything no. Never seen anything"
However, handwriting analysis has confirmed that the writing on the bottom part of improvement notices number 23300089, 23300090, 23300091, 23300092, 23300093 and 23300094 which had been received by WorkSafe was that of the accused.
The Accused entered a guilty plea and was convicted.
|Court||Magistrates Court of Western Australia - Perth|
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