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Prosecution Details

Offender Honest & Frank Pty Ltd


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 JO9236/2009 Between 24 October 2007 and 5 November 2007 27th August 2009 3A(1)(b)(ii)(I) $12,000.00 27th August 2009
Description of Breach(es)

Provided to an inspector an answer or information that was false or misleading in any material particular: contrary to sections 47(1)(d) and 54 of the Occupational Safety and Health Act 1984.

Background Details

A Korean national working in Australia was killed in a workplace accident on 22 September 2007 at Lakeside Joondalup Shopping Centre. He was a trolley collector and an employee of the Accused. The Accused is based in South Australia but conducts operations here in WA. The deceased fell from the trolley trailer he was riding on and was run over. He died of injuries received in this accident. A WorkSafe Inspector investigated the circumstances into his death.

As part of this investigation it was relevant to determine what training the Accused, as the deceased's employer, had provided to him. The WorkSafe Inspector wrote to the Accused on 3 October 2007 compelling the production of, among other documents, training and induction records for the deceased.

The Accused wrote back to the WorkSafe Inspector on 24 October 2007 supplying, among other things, copies of the required induction records bearing a signature purporting to be the deceased's. This document was marked as "H & F 6" and was signed by a Director of the Accused. This document was received by WorkSafe and came into the Inspector's possession on 5 November 2007.

The Inspector later requested to see originals of this document. He was informed that the original could not be located and that all was available was the copy.

The Inspector later obtained the deceased's passport from his parents and provided this passport and the document marked "H & F 6" to the Police Forensic Handwriting Analysis Division. Police analysed the two documents concluding that the signatures on the document marked "H & F 6" were photographic reproductions of the signature on the deceased's passport.

The document "H & F 6" falsely conveys the impression that the deceased acknowledged that he had in fact received the training indicated in that document. This was a matter of some significance to the Inspector's investigation into whether the Accused had complied with their obligations under the Occupational Safety and Health Act 1984.

Outcome Summary

Plead Guilty

Court Magistrates Court of Western Australia - Joondalup
Costs $1,400.70

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