Prosecutions

VICTORIAN TRANSPORT COMPANY CHARGED OVER WORKER’S DEATH 

WorkSafe has charged a Victorian transport company after a worker was run over and killed at a Yarraville depot in October 2020. The 65-year-old worker died after slipping on discarded wood debris and falling in front of a moving truck.  

Malec Holdings Pty Ltd is facing charges with three counts of failing to provide or maintain a safe system of work under section 21(2)(a). The company is also accused of failing to maintain each workplace in a condition that was safe and without risks to health and failing to provide appropriate supervision to its employees under sections 21(2)(c) and 21(2)(e) of the OHS Act.  

The matter is listed for a filing hearing at the Melbourne Magistrates’ Court later this month on 29th August 2022.  

Source: Charges after Yarraville depot fatality - WorkSafe 

DEPARTMENT OF DEFENCE CHARGED AFTER RAAF PERSONNEL DEATH 

The Commonwealth Director of Public Prosecutions has filed three charges against the Department of Defence after a Royal Australian Air Force technician at Williamtown near Newcastle, committed suicide while at work on the base on 28 July 2020. 

After Comcare investigations, the Commonwealth Director of Public Prosecutions filed charges against the Department of Defence after failing to manage psychological risks at work.  

Defence was alleged to breach section 19(1) of the WHS Act failing to provide so far as reasonably practicable Safe systems of work, essential training for workers and information necessary to protect workers from risks to their health and safety.  

Charges include one Category 2 offences under the federal Work Health and Safety Act 2011, and each carrying a maximum penalty of $1.5 million. Two Category 3 offences, each carrying a maximum penalty of $500,000.  

The matter is listed for a filing hearing at the Maitland Local Court on 29 September 2022. 

Source: Defence charged over death of RAAF member (Media release) 

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