skip navigation

Prosecution Details

Defendant Graham Charles Johnson
Trading Name Peroni's in the Park
Section 19(3) and 19(8)
Offence Date Tuesday, 22 April 2003
Description of Breach(es)

Being the employer of an employee who 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 operates a restaurant at East Victoria Park and employs a number of people including, in April 2003, the injured employee.

On 21 April 2003 while at work at the restaurant an employee received a severe burn to her right hand. She was taken to Royal Perth Hospital late in the evening of 21 April 2003 for initial treatment. On 22 April 2003 the employee attended the Burns Outpatient Clinic at Royal Perth Hospital where she was given a 'First Medical Certificate' for the purposes of Workers Compensation. The doctor who reviewed the employee in the Burns Outpatient Clinic recorded on the 'First Medical Certificate', which was dated 22 April 2003, that the employee would be totally unfit for work for 10 days.

After her appointment at the Burns Outpatient Clinic the employee took the 'First Medical Certificate' to the defendant and handed the certificate to another employee of the defendant.

The defendant did not report the accident to the Commissioner of WorkSafe at all. WorkSafe become aware of the injury after a complaint was made to WorkSafe.

The defendant pleaded guilty.

Outcome Summary Convicted
Conviction Date 27 Aug 2004
Court Perth Court of Petty Sessions
Fine $50
Costs $178.45
Charge Number 35929/04