First prosecution case of an officer under WHS Laws

On Tuesday, 10 June 2014 in the Australian Capital Territory Industrial Magistrates Court, an early mention in the Kenoss Contractors case was heard. Some matters raised in the 10 June mention were canvassed in a further hearing on 17 June 2014. In this article, we canvass the developments in both hearings.

This case includes a prosecution of both an organisation for allegedly failing to meet the primary health and safety duty and an officer for allegedly failing to exercise due diligence under the Work Health and Safety Act 2011 (ACT) which commenced on 1 January 2012. This case is ostensibly the first officer prosecution under the new harmonised WHS laws.