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Prosecution Details

Defendant Rawling Road Pty Ltd
Trading Name V & V Walsh
Section 19(3)(b) and 19(8)
Offence Date 18 October 2001 to 15 November 2001
Description of Breach(es)

Being the employer of an employee, who on 18 October 2001 incurred an injury of the kind prescribed in the Occupational Safety and Health Regulations 1996, made under the Occupational Safety and Health Act 1984, for the purposes of section 19(3) of the Act, namely 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; contrary to sections 19(3)(b) and 19(8) of the Act.

Background Details

The defendant operated an abattoir in Bunbury.

On 18 October 2001, an employee was working on a processing rail when the chain on the rail became jammed and his right index finger was crushed between the chain and the rail. The employee required surgery to repair a deep laceration, joint damage and tendon damage. He subsequently lost his index finger.

The defendant was provided with a copy of the employee's first medical certificate dated 18 October 2001, which contained the opinion of a medical practitioner that the employee would be unfit for work for a period of 10 days. The defendant did not report the injury to the WorkSafe Western Australia Commissioner until 16 November 2001, after an improvement notice requiring it to do so had been issued.

The defendant was convicted in absence, pursuant to section 136AA of the Justices Act 1902.

Outcome Summary


Conviction Date 22 Oct 2002
Court Busselton Court of Petty Sessions
Fine $1,800
Costs $217.70
Charge Number BT 896/02