Comcare charges government department following serious injury to child

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Comcare Charges Government Department Following Serious Injury to Child

Comcare charges government department following serious injury to child after a nine-year-old sustained burns at a Canberra science and technology centre two years ago. An Australian Government department now faces court over alleged breaches of federal work health and safety obligations.

What Happened

In July 2022, a child aged nine visiting the centre touched a plasma globe in a gallery. Their hands ignited, causing burns to both hands and wrists. The serious injury prompted a formal Comcare investigation into whether adequate safety measures were in place to protect visitors, including children, from foreseeable hazards.

The Charge

Following its investigation, Comcare referred the matter to the Commonwealth Director of Public Prosecutions. One charge has been brought before the ACT Magistrates Court, accusing the department of failing to meet obligations under the Work Health and Safety Act 2011 (WHS Act).

The department faces a Category 2 criminal offence under the WHS Act, carrying a possible fine of up to $1.5 million. This penalty reflects how seriously regulators treat breaches involving public safety and duty of care, particularly where children are involved.

Understanding Category 2 Offences Under the WHS Act

A Category 2 offence under the WHS Act applies where a person or entity fails in their work health and safety duty, and that failure exposes someone to risk of serious injury or illness. Unlike Category 1, prosecutors need not prove recklessness — only that a duty existed and was breached.

Government departments, like private organisations, must comply with the WHS Act when operating public facilities. This obligation extends to visitors, contractors, and employees alike, and failures can lead to significant reputational and financial consequences.

Why This Case Matters for Safety Professionals

This matter highlights how work health and safety law applies broadly, covering not only traditional workplaces but also public-facing venues such as science centres, museums, and galleries. Organisations managing interactive exhibits or public installations should review their risk assessments regularly to ensure hazards, especially those posing burn or shock risks, are identified and controlled.

Safety professionals across construction, manufacturing, and healthcare sectors can draw a clear lesson here: duty holders remain accountable for foreseeable harm, regardless of intent. Robust hazard identification, staff training, and visitor safeguards support compliance and reduce the likelihood of similar incidents.

• Review interactive exhibits and equipment for foreseeable hazards, particularly those accessible to children.
• Ensure signage and barriers adequately warn visitors of risks.
• Maintain documented risk assessments and update them following incidents.
• Train staff to recognise and respond promptly to safety hazards involving the public.

What Happens Next

The case will be mentioned in the ACT Magistrates Court next month. Outcomes from this hearing will likely inform how similar public liability and workplace safety matters are handled across Commonwealth agencies going forward.

For further reading on related enforcement actions, see our coverage of Comcare charges government agency following employee attack and the case where a Melbourne indoor play centre faces charges following serious fall that injured child.

Supporting Compliance With the Right Tools

Organisations seeking to strengthen their approach to child safety and incident reporting can benefit from resources such as our Child Safety Policies Module and the Event / Injury / Investigation Report Form, both designed to support consistent, thorough documentation following an incident.

Facilities managing equipment with sharp or hazardous components may also find our Sharps SOP useful in supporting broader safety compliance efforts.

Originally published here.

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