March 2013 Industry Update

Court dismisses appeal

Following on from last month’s article about the seriousness of misleading Commonwealth officials, the NSW District Court has upheld a previous ruling that the manager of a glazing business should be convicted, fined $3000 and ordered to enter into a good behaviour bond.

Last November, the Commonwealth Director of Public Prosecutions (CDPP) successfully prosecuted the manager, who produced false tax invoices to a Fair Work Building Industry Inspector and urged a worker to hinder FWBC’s investigation by providing scripted answers.

The manager appealed the sentence to the NSW District Court. The Court dismissed her appeal on 7 February 2013.

FWBC referred the breaches of the Criminal Code Act 1995 (Criminal Code) to the CDPP as it is the agency that prosecutes criminal workplace law breaches. The offences did not fall under the FW Act or any other codes that FWBC regulates.

Under s137 of the Criminal Code, a person is guilty of providing false or misleading information or documents if they knowingly provide false or misleading documents or information to a Commonwealth official.

Under s149 of the Criminal Code, a person is guilty of obstructing a Commonwealth official if they hinder, obstruct, intimidate or resist someone they know to be a public official in the performance of the official’s functions.

Further information

Media release – Glazing business manager convicted after misleading FWBC

Criminal Code Act 1995

FWBC Litigation Policy

FWBC Investigative Process

 

 

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