Comcare - Australian Goverment
Comcare - Australian Goverment
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Comcare v National Gallery of Australia [2007] FCA 1548

Issue

Section 16 of the Occupational Health and Safety Act 1991 (‘the Act’) requires that an employer must take all reasonably practicable steps to protect the health and safety at work of its employees and contractors.

On 14 February 2005, a contractor of the National Gallery of Australia (‘the NGA’), was injured when a five metre high temporary display wall collapsed while being relocated within the Gallery, trapping the contractor beneath it.

Investigation

Comcare commenced an investigation into the accident on 15 February 2005. The investigation revealed that the NGA’s omissions in respect of the incident arose in essence from:

  • a failure to appoint a project manager to manage the work to be performed by the contractor; and
  • the provision of work permits to the contractor to carry out work which had not been assessed for risks to health and safety or reviewed and approved by NGA’s employees.

The investigator concluded that the NGA had breached s 16(1) of the Act by reason of the above failings.

Outcome

On 24 April 2007, Comcare filed proceedings in the Federal Court of Australia, ACT, against the NGA, seeking a declaration of contravention by the NGA of s 16(1) of the Act. Prior to the matter being heard in the Federal Court, the NGA admitted the breach of the Act and consulted with Comcare to agree upon a statement of facts to be entered into Court.

The hearing took place before Justice Gyles on 2 October 2007. His Honour found that there was a failure on the part of the NGA to take steps to ensure that a risk assessment was done in relation to the erection of the temporary display wall. He determined that the carrying out of such an assessment would have minimised the chances of the risk occurring.

Accordingly, his Honour made a declaration that the NGA had contravened s 16(1) of the Act and ordered that it pay a penalty of $20 000 in relation to this contravention.

A copy of this decision is available at http://www.austlii.edu.au/au/cases/cth/FCA/2007/1548.html.