ARTICLE · 28 SEPTEMBER 2009

Comcare Prosecutes For Food Allergy Death

Norton Rose Fulbright Australia

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In “Comcare v Commonwealth of Australia” (2009) 257 ALR 462, the Federal Court of Australia fined the Commonwealth $210,100 following a prosecution brought against it by Comcare for a contravention of the “Occupational Health and Safety Act 1991” (Cth) (the OHS Act) by the Australian Army Cadets (AAC).

AustraliaEmployment and HR

Alena Titterton

Michael Tooma (Formerly With Norton Rose Fulbright Australia)

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In Comcare v Commonwealth of Australia (2009) 257 ALR 462, the Federal Court of Australia fined the Commonwealth $210,100 following a prosecution brought against it by Comcare for a contravention of the Occupational Health and Safety Act 1991 (Cth) (the OHS Act) by the Australian Army Cadets (AAC). The maximum civil penalty available under the OHS Act is $242,000.

Background

There were two aspects to the proceedings: one aspect related to the supply of food containing peanuts to cadets during a three-day training course, despite a number of cadets advising of severe food allergies. The second aspect related to losing a number of cadets in the same course for 18 hours.

In relation to the food allergy, a 13 year old cadet died after ingesting food containing peanuts which had been supplied to him as part of a ration pack. This was despite the fact that the cadet's parents had informed Scotch College Cadet Unit staff of his severe peanut allergy.

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