Prosecution Details

Being the employer of an employee who incurred an injury which, in the opinion of a medical practitioner, was likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred, failed to forthwith notify the Commissioner in the prescribed form giving such particulars as are prescribed.

The defendant operated a bowling club in Busselton.

On 22 October 2001, an employee was assisting the greenkeeper to remove a high pressure gas cylinder from a station wagon. This was not part of the employee's normal duties.The cylinder and a piece of timber on which it was resting moved together crushing the employee's middle finger on her left hand.

The employee subsequently suffered an amputation of the tip of the middle finger on her left hand.

On 23 October 2001, the defendant was provided with a copy of the employee's first medical certificate, which contained the opinion of a medical practitioner that she would be unfit for work for a period of 30 days. The defendant did not report the injury to the Commissioner of WorkSafe until 2 May 2002, after an improvement notice requiring it to do so had been issued.

The defendant pleaded guilty.