18/2/98 M S HEIN & SONS PTY LTD was convicted and fined $9,500 plus costs totaling $21.00 for a two breaches of Section 19(1) when a qualified carpenter and joiner suffered severe injuries to his right hand when it came into contact with the rotating cutter head of a spindle moulder on 5 February 1996.
8/5/98 MASON & COX PTY LTD was convicted and fined $11,000 plus costs totaling $11,251 for a breach of Section 19 when a male worker was undertaking maintenance tasks, namely cleaning the sand muller machine preparatory to rectifying a mechanical failure. Whilst this task was being performed, the normal safety features of the sand muller, such as lock out mechanisms and interlocking devices, where disabled on 20 February 1997.
1/6/98 AUSTRALIAN TUNA FARM FISHERIES: were convicted and fined $49,000 plus costs for 6 counts of breaching Section 19 (1) and one count of Section 61. A 28-year-old fisherman died as a result of a diving accident on the 17th March 1997. He was assisting an occupationally trained diver who was diving using Surface Supplied Breathing Apparatus. It was his first dive with SCUBA; he did not possess any formal qualifications in diving. Further the company was ordered to pay $1,000 to the Department in respect of legal fees.
12/06/98 OE & DR POPE PTY LTD ? L T T Hanh, A Franz & V V Thinh Pleaded guilty against 3 counts or breaching Section 19 and were convicted and fined a combined total $36,000. Each offence is contained in a separate complaint arising from three separate incidents some weeks and months apart and each from a separate piece of the defendants equipment. Despite this, the three injuries were remarkably similar ? a crushing injury to their hands caught between moving rollers on the machines.
02/07/98 SOUTHERN BLUEFIN FARMERS PTY LTD & DARIJO LUKIN were convicted and fined $36,000 plus costs on 20 August 1997 for a breach of Section 19. On 25 March 1995 on the fishing vessel the ?Scarlett Rose? an accident occurred where a crew member was killed by falling equipment.
The conviction was overturned and a fresh trial was ordered.
The outcome of the retrial was that on 1 July 1998 Southern Bluefin Farmers Pty Ltd were convicted and fined $18,000 and the count against Mr Lukin was withdrawn.
19/08/98 WINGARA WINE GROUP P/L were convicted and fined $14,000 plus costs for breaching Section 19 (1). A female employee suffered injuries when she fell 4.35 metres from an elevated walkway. The end of the walkway from which she fell was not barricaded in any way nor were there an floor panels installed.
25/9/98 BALCO (AUSTRALIA) PTY LTD pleaded guilty for a breach of Section 19 (1) and fined $29,000 plus costs. An employee met his death at the employers hay-baling premises on 20 August 1996. The deceased was one of three employees operating a large industrial machine termed a 'double dump hay baling machine'. The Magistrate also ordered compensation to be paid to the parents and siblings.
21/10/98 JANLIN CIRCUSES PTY LTD pleaded guilty for a breach of Section 24(2a)(d) and fined $4,000 plus costs for failing to ensure that the seating structure was safe. On August 6 1996 between 100 - 150 people were attending a circus at the Cleve showgrounds when the seating structure collapsed injuring 4 people.
21/10/98 WARREN LINDSAY LENNON pleaded guilty for a breach of Section 24(2a)(d) and fined $4,000 plus costs for failing to ensure that the seating structure was safe. On August 6 1996 between 100 - 150 people were attending a circus at the Cleve showgrounds when the seating structure collapsed injuring 4 people.
2/7/98 SOUTHERN BLUEFIN FARMERS PTY LTD & DARIJO LUKIN were convicted and fined $36,000 plus costs on 20th August 1997 for a breach of Section 19.
On 25th March 1995 on the fishing vessel the 'Scarlett Rose' an accident occurred where a crew member was killed by falling equipment.
The conviction was overturned and a fresh trial was ordered.
The outcome of the retrial was that on 1 July 1998 Southern Bluefin Farmers Pty Ltd were convicted and fined $18,000 and the court against Mr Lukin was withdrawn.
2/12/98 AD-BOX AUSTRALIA PTY LTD pleaded guilty for a breach of Section 24(2) and fined $4,500 plus costs for failing to ensure as far as reasonably practicable that the advertising display unit would be safe when properly used and maintained and when subjected to reasonable foreseeable forms of misuse.
On June 5 1997 a sign came loose from a wall and fell, crushing a four-year-old child at Westfield Shopping Centre Arndale.
