Education Department fined $160,000 for OHS breaches

The NSW Department of Education and Training was today fined $160,000 for three breaches of the Occupational Health & Safety Act.

The breaches relate to assault on a Teachers Aide (Special) at Kurrambee School for Special Purposes in February 1999.

The Public Service Association prosecuted the Department on five counts, and the Department was found guilty on three of those counts earlier this year.

Justice Walton of the NSW Industrial Relations Commission today handed down his decision on penalties.

The three fines were $56,000, $56,000 and $48,000.

The "appropriate penalty" for each matter taken in isolation would have been $110,000, $110,000 and $90,000. However there were common elements in each case and there were mitigating circumstances and consequently the fines were discounted.

The PSA was also awarded 70 percent of costs and was awarded moiety, i.e. 50 percent of the fine. The Department had opposed moiety.