Accused: Marc Leslie Bullen ABN / ACN:
Industry: Manufacturing, Logistics and Agriculture  Accused Type: Individual
Date of Offence: 15/01/2008 Date of Determination: 09/10/2009
Incident: Employees - Offences by
Labour Hire
Offences in relation to inspectors
Providing false or misleading documents to an Inspector Judge / Magistrate: R Kumar
Incident Summary: Marc Leslie Bullen (“the defendant”) was an OHS Coordinator employed by a labour hire company, Compass Recruitment Australia Pty Ltd (“Compass”), under investigation for various OHS offences. On 15 January 2008, the defendant produced various documents on behalf of Compass to a WorkSafe Inspector in response to a section 100 requirement served on the company. One of the documents required Compass to produce training records for a worker who had been placed by it to work at the workplace of the host employer, Diamond Valley Pork Pty Ltd. In response to this requirement, the defendant produced a document which he described as “Induction documents provided to (the injured worker) prior to him commencing work at Diamond Valley Pork”. This document contained the injured worker’s signature. The WorkSafe Inspector subsequently ascertained that the injured worker had in fact signed the induction documents after Compass was served with the section 100 requirement to produce documents. The induction/training records produced by the defendant were false and misleading in that they were not documents evidencing an actual induction carried out by Compass with the injured worker prior to him commencing work at Diamond Valley Pork Pty Ltd. By producing these purported training/induction records in response to the section 100 requirement, the defendant thereby obstructed a WorkSafe Inspector in the investigation of any breach of the OHS Act by Compass Recruitment Australia Pty Ltd.
Court Number: Y00269855 Jurisdiction: Magistrates Court

Act & Section [Maximum Penalty]	Count(s)
OH&S Act 2004 - s 125(1)(a) A person intentionally hindered or obstructed an inspector [60 penalty units individual 300 penalty units body corporate] Summary offence	1

Plea: Guilty Fine: $0.00
Result: Without conviction
Adjourned undertaking (Without conviction released on a good behaviour bond for a period of 12 months. Costs awarded to the VWA in the sum of $2,000 (stay of 3 months))