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Prosecution Details

Defendant Michael Roman Bobrowicz
Trading Name Not Applicable
Section 55 and 19(6)
Regulation Not Applicable
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.

Background Details

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;
(b) to provide such instruction and training to, and supervision of, its employees as was necessary to enable them to perform their work in such a manner that they were not exposed to hazards; and
(c) where it was not practicable to avoid the presence of hazards at the workplace, to provide its employees with, or otherwise provide for its employees to have, such adequate personal protective equipment as was practicable to protect them against those hazards, without any cost to the employees.

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).

Lead Image
Outcome Summary


Conviction Date 14 Jul 1999
Court Perth Court of Petty Sessions
Fine $7,000
Costs $300
Charge Number 72078/97