|Defendant||Michael Roman Bobrowicz|
|Trading Name||Not Applicable|
|Section||55 and 19(6)|
|Offence Date||Friday, 6 September 1996|
|Description of Breach(es)||
Was a director and manager of a body corporate, namely Hi Tec Demolition Company Pty Ltd, when that body corporate was guilty of an offence under section 19(1) the Occupational Safety and Health Act 1984 when that offence occurred with his consent and was attributable to his neglect.
Hi Tec Demolition Company Pty Ltd was responsible for the demolition of the Metrobus Demolition Site, Kensington Street, East Perth.
The company was being prosecuted as an employer for failing so far as was practicable, to provide and maintain a working environment in which its employees were not exposed to hazards in that it failed:
(a) to provide and maintain workplaces and systems of work such that, so far as was practicable, its employees were not exposed to hazards;
The trial involving the company and Mr Bobrowicz was initially listed for 8 to 12 June 1998 but questions were raised in separate proceedings as to the department's authority to prosecute. The Full Court of the Supreme Court resolved that issue in the department's favour on 23 June 1999. By this time, deregistration of the company had been filed.
In advance of the matter against the company being finalised, Mr Bobrowicz pleaded guilty to his section 55 offence at a hearing on 14 July 1999 and was charged by Her Worship Musk SM.
The defendant initially pleaded not guilty but at a subsequent hearing changed his plea to guilty. The penalty was imposed under section 19(6).
|Conviction Date||14 Jul 1999|
|Court||Perth Court of Petty Sessions|