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Prosecution Details

Offender Gran Designs WA Pty Ltd (ACN 166 735 780)

Charges

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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 BU1929/2020 13 March 2017 3rd May 2021 3A(3)(b)(i) $150,000.00 (Global) 11th May 2021
2 BU1931/2020 13 March 2017 3rd May 2021 3.36 1.16(2)(b)(i) $25,000.00 (Global) 11th May 2021
3 BU1932/2020 13 March 2017 3rd May 2021 3.142(3)c)(i) 1.16(2)(b)(i) $25,000.00 (Global) 11th May 2021
4 BU1933/2020 13 March 2017 3rd May 2021 3.143(3) 1.16(2)(b)(i) $25,000.00 (Global) 11th May 2021
5 BU1934/2020 13 March 2017 3rd May 2021 6.2(3) 1.16(2)(b)(i) $25,000.00 (Global) 11th May 2021
Description of Breach(es)

Charge 1 - Being a person who, in the course of trade or business, engaged a contractor to carry out work for it, failed, so far as was practicable, and in relation to matters over which it had the capacity to exercise control, to provide and maintain a working environment in which any person employed or engaged by the contractor to carry out or assist in carrying out the work concerned was not exposed to hazards, and by that failure caused the death of a person.

Charge 2 - Being the main contractor, where there was a risk of persons being struck on the head by a falling object at a construction site, failed to ensure that at all times when the persons were at risk that the persons wore a safety helmet complying with the relevant requirements of AS/NZS 1801.

Charge 3 - Being the main contractor, failed to ensure, as far as was practicable, that a copy of the occupational health and safety management plan was available for inspection, until the construction work was completed, by a person doing construction work at the construction site.

Charge 4 - Being the main contractor, failed to prepare the necessary safe work method statements and keep them up to date.

Charge 5 - Being a person who, at a workplace, was the main contractor, allowed persons to do high risk work of a particular class where those persons did not hold a high risk work licence for that class of work.

Background Details

To be updated upon finalisation of related prosecution.




Outcome Summary

Gran Designs WA Pty Ltd plead guilty to all five charges and was convicted on 3 May 2021.  In respect to the causative charge  the Magistrate imposed an initial fine of $200,000 (from a maximum of $400,000), reduced by 10% for plea of guilty to $180,000.  The Magistrate further reduced the fine by $30,000 pursuant to s 53 of the Sentencing Act to recognise the company's limited means to pay. Accordingly the final fine imposeed was $150,000.00.

In respect to the remaining remaining charges involving breaches of the Occupational Safety and Health Regulations 1996 the Magistrate imposed a global penalty with a starting fine of $30,000 including a 10% reduction for the guilty plea and further reduced by $5,000 pursuant to s 53 of the Sentencing Act.  The total global fine for the regulation breaches is $25,000.

Court Magistrates Court of Western Australia - Bunbury
Costs No Costs (Global)

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.