Government fined $540,000 oversafety

Date: 29 June 2009

The NSW Government has been fined $540,000 for the the failure of the Departments of Education and Juvenile Justice to provide a safe workplace.

They were prosecuted by PSA General Secretary John Cahill.

$540,000 is a record penalty for a union prosecuted case.

The departments were found guilty of three offences in December 2008. Friday's hearing was for the passing of sentences.

In March 2004 there were number of incidents at Putland School, which is in Cobham Juvenile Justice Centre. After investigation the PSA prosecuted on behalf two Teachers Aides Special. There was also a teacher involved in the incidents.

It was alleged that the two departments did not provide safe working places and that the staff were threatened by the some of the juveniles, that on one occasion Juvenile Justice staff failed to respond to duress alarms, that our two members suffered "serious and ongoing" psychological injuries, and that their department failed to give them adequate support after the incidents. The departments were found guilty of three serious breaches of the safety laws.

In assessing sentence, it was noted that the State of NSW had 73 convictions dating back to 1995, of which 33 were associated with DET and 3 with DJJ.

The fines for the three offence were $250,000, $2000,000 and $220,000 for total $670,000 -- this was reduced to $540,000 because of some overlap of offences. The fine potentially, could have been $825,000 for each offence.

The PSA will receive half of the fine as moiety which will go towards the continuing OHS operations of the PSA and we will also receive costs.

This may well be one of the last union prosecutions of an employer. If the Australian Government's harmonised occupational health and safety plans go through unions will not be able to prosecute.

If understaffed "Workcovers" cannot or refuse to prosecute, employer will get away with failing to provide safe conditions and procedures and will continue to inflict injuries on workers.

Go to the Don't Risk 2nd Rate Safety petition go to for information on what's being proposed by the Rudd Government.

LaborNET is proudly created, designed and programmed
by Social Change Online for the Labor Council of NSW
[Credits] [Site Matters]