Legal Update: Comcare Prosecutes For Food Allergy Death – Deacons – 07/07/2009, Health & Safety

Further to the article about the Australian Army cadets who died due to a peanut allergy while in the care of the Army, the Federal Court laid down a fine to the maximum allowed.

Australia: Legal Update: Comcare Prosecutes For Food Allergy Death

On 30 June 2009, the Federal Court of Australia handed down a fine of $210,100 in a Comcare prosecution of the Commonwealth of Australia, acting through the Chief of the Army for a contravention of the Occupational Health and Safety Act 1991 Cth the OHS Act by the Australian Army Cadets AAC in the course of conducting a three day training course known as Bivouac 2007 at the Wombat State Forest in Central Victoria in March 2007.1

The fine handed down is close to the maximum civil penalty available under the OHS Act, which is $242,000.

The Federal Court proceedings had two separate parts, one part which related to the supply of food to cadets containing peanuts despite being informed of allergies to peanuts and the second part which related to losing a number of cadets for a period of eighteen 18 hours.

Read on for the full article via Australia, Labour and Employment, Legal Update: Comcare Prosecutes For Food Allergy Death – Deacons – 07/07/2009, Health & Safety.