: Worksafe and Mr Ward: An update

Worksafe and Mr Ward: An update

Renae Barker
Western Australia

DUAO Volume 36(1) reported that charges had been laid by Worksafe WA over the death of Aboriginal Elder Mr Ward in 2008. The WA Department of Corrective Services pleaded guilty and was fined $285 000 in the Kalgoorlie Magistrates Court. In handing down the sentence magistrate Greg Benn indicated that he had not imposed the maximum penalty of $400 000, having taken into account several factors including the change in government since the death of Mr Ward, the department's guilty plea and the ex-gratia payment of 
$3.2 million given to Mr Ward's family in July 2010.

G4S, the company which transported Mr Ward, also pleaded guilty to the charges, and was also fined $285 000. The two employees charged over the death of Mr Ward have pleaded not guilty, and their case was adjourned until 29 August 2011. 
If found guilty, they each face a maximum fine of $20 000.

RENAE BARKER is a PhD student at UWA.

(2011) 36(3) AltLJ 213
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