Prosecution Details
| Offender | Gunns Limited |
Charges
| Charge | Charge Number | Offence Date | Date Convicted | Regulation | Section | Penalty Provision | Penalty Imposed | Date Sentenced |
|---|---|---|---|---|---|---|---|---|
| 1 | Unknown at the time of publication | 26 June 2007 | 16th November 2009 | 3.118(b) | 1.16(2)(b)(i) | $10,000.00 | 16th November 2009 |
| Description of Breach(es) | Being a person in control of a workplace failed to ensure that class 2 demolition work done at the workplace was done by a person(s) who had been issued with a licence to do class 1 or class 2 demolition work: contrary to regulations 3.118(b) and 1.16 of the Occupational Safety and Health Regulations 1996. |
| Background Details |
The Accused operated a saw mill at 9620 South Western Highway, Yarloop. Part of that saw mill included a disused planing shed. The shed was less than 10 metres high although it was approximately 135 metres long and 24 metres wide. The Accused no longer required the use of this shed and contracted to have it demolished. The Accused received several quotes to demolish this shed, one of which averted to the need for demolition licences. However, the Accused elected to pursue a quote put forward by two people ("the demolishers"). The demolishers undertook to perform the demolition of the planing shed in exchange for whatever monies they could raise by salvaging the demolished shed. The demolishers were observed by a WorkSafe Inspector demolishing the already partially demolished planing shed on 26 June 2007. Neither had a class 1 or class 2 demolition licence required to perform the demolition of the planing shed. The Accused failed to ensure that the demolition of the planing shed was done by persons who had been issued with a licence to do class 1 or class 2 demolition work. |
| Outcome Summary | Plead Guilty |
| Court | Magistrates Court of Western Australia - Harvey |
| Costs | $760.70 |
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.