Prosecution Details

Used insulting language to an inspector, lawfully acting in the performance of a function conferred on him under the Occupational Safety and Health Act 1984.

A WorkSafe inspector had initially observed an unsafe wood chipper at a country Field Day. As the defendant was unavailable to be spoken to, the inspector visited the defendant's workplace at a later date to discuss his concerns about the wood chipper.

Upon entering the defendant's workplace Mr Holmes made several derogatory remarks to the inspector and became hostile.

The inspector tried to discuss his concerns about the wood chipper machine and provide guidance on how the machine could be modified to meet the requirements of the legislation and comply with the relevant Australian Standard. Again the defendant became threatening and verbally abusive towards the inspector.

This prosecution was withdrawn by the Crown Solicitor's Office because of delegation problems but before a replacement complaint was lodged the statute of limitation period had expired.