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Prosecution Details

Defendant Oceanfast Pty Ltd
Trading Name Not applicable
Section 19(1)(a) and 19(6)
Regulation Not applicable
Offence Date Wednesday, 21 February 2001
Description of Breach(es)

Being an employer, failed so far as was practicable to provide and maintain a working environment in which its employees were not exposed to hazards and in particular failed to provide and maintain plant such that, so far as was practicable, its employees were not exposed to hazards.

Background Details

The defendant was a company engaged in boat building at its premises in Henderson. An employee was working on a boat that was being constructed when he fell approximately 1.7 metres to the floor when the scaffolding he was working off broke.

The scaffolding the injured employee was working on was in a dangerous condition. The scaffolding had been constructed using a support lug, which had been damaged for some time. The damaged support lug broke causing a plank to fall. Further, there were no base plates supporting the standards, two of the standards were damaged, only one ledger was fitted to one side and it was damaged. Other scaffolding in the area was also in a similar condition.

The defendant pleaded guilty. The penalty was imposed under section 19(6).

In imposing the penalty the Magistrate took into account the fact that the defendant was a first offender and had taken steps to rectify the problems.

Outcome Summary


Conviction Date 12 Mar 2001
Court Fremantle Court of Petty Sessions
Fine $750
Costs $317.70
Charge Number FR 01/2137