Prosecution of WorkSafe Assessor sends message to all assessors

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A former registered WorkSafe Assessor has been fined $1800 (and ordered to pay $488.50 in costs) for not complying with his duties in assessing candidates for High Risk Work Licences.

Cornelius Van Luxemborg – also known as Kees Van Luxemborg - pleaded guilty to six charges relating to the issue of notices of satisfactory assessment for High Risk Work Licences, and was fined in the Fremantle Magistrates Court last month.

Mr Van Luxemborg was employed by registered training organisation Choice Industrial Training as a High Risk Work Licence assessor in February 2014, when WorkSafe conducted an audit of all registered assessors affiliated with Choice.

The audit revealed that Mr Van Luxemborg was not assessing candidates in line with the assessment instrument or complying with the relevant legislation.  He was issued with an administrative warning and advised that a further audit would take place in six months.

In September 2014, WorkSafe reviewed Mr Van Luxemborg’s July 2014 assessments and found he was still not complying with his duties as an assessor.

Six charges were brought against Mr Van Luxemborg over non-compliance with his duties as a High Risk Work Licence assessor during July 2014.

WorkSafe WA Commissioner Lex McCulloch said the case should serve as warning to all registered WorkSafe Assessors that failing to properly conduct assessments can result in prosecution and the recording of a criminal conviction.

“When the details of Mr Van Luxemborg’s breaches were discovered, a hearing was held to give him the opportunity to respond to the allegations,” Mr McCulloch said.  “The hearing resulted in cancellation of Mr Van Luxemborg’s registration as an assessor.

“The resulting prosecution action is evidence of how seriously WorkSafe takes any non-compliance with the duties of a High Risk Work Licence assessor.

“Magistrate Lawrence emphasised the importance of ensuring that those teaching workers who would go onto risky sites actually taught those workers properly.

“The Magistrate warned against becoming a “tick and flick culture” when it came to training.

“It is vitally important to ensure that High Risk Work Licences are only issued to workers who have been appropriately trained and have the skills to perform high risk work safely and competently.

“The loud and clear message is that any assessor who takes shortcuts or breaches his duties in any way will be subject to legal action that will likely result in a criminal record.”

Media contact: Caroline De Vaney 6251 2363 or 0408 927563 (media enquiries only)

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Media release
13 Jul 2016

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