Details
- Conviction number:
- 384
- Trade name of food business:
- HCM Café Fresh Q Lunch
- Address of premises where offence(s) occurred:
- 700 Springvale Road Mulgrave VIC 3170
- Name of convicted person(s) or company:
- The Carers Portland INC; and Thi Hai Duong Luong
- Relationship of convicted person(s) or company:
- Proprietor; and Secretary
- Date of conviction:
- 11 Feb 2025
- Court:
- Ringwood Magistrates Court
- Court decision:
- Guilty with conviction; and guilty with conviction
- Sentence and/or order imposed:
- With conviction, fined $24,000 as part of an aggregate order; and With conviction, fined $31,500 as part of an aggregate order, with $37,174 costs
- Prosecution brought by or for:
- Monash City
- Description of offence(s):
Thi Hai Duong Luong:
Food Act section 29(g) – on 31 January 2023 did assault, obstruct or attempt to obstruct, threaten, abuse, insult, intimidate or attempt to intimidate an authorized officer or other person in the exercise of his powers or authorities or the discharge of his functions or duties under this Act.
Food Act section 29(g) – on 16 March 2023 did assault, obstruct or attempt to obstruct, threaten, abuse, insult, intimidate or attempt to intimidate an authorized officer or other person in the exercise of his powers or authorities or the discharge of his functions or duties under this Act.
Food Act section 29(g) – on 16 March 2023 did assault, obstruct or attempt to obstruct, threaten, abuse, insult, intimidate or attempt to intimidate an authorized officer or other person in the exercise of his powers or authorities or the discharge of his functions or duties under this Act.
The Carers Portland INC and Thi Hai Duong Luong:
Food Act section 35A(1)(a) – between 14 December 2022 and 16 March 2023 did allow a food business to operate from a food premises that is not registered with the registration authority.
Food Act section 16(1) – on 24 February 2023 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
- Standard 3.2.2, clause 19(1) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, except in garbage containers; recycled matter, except in containers; food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 19(2) – did fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste; dirt; grease; or other visible matter
- Standard 3.2.3, clause 11(2) – did fail to ensure walls and ceilings be provided where they are necessary to protect food from contamination
- Standard 3.2.3, clause 8 – did fail to have a lighting system that provides sufficient natural or artificial lights for the activities conducted on the premises
- Standard 3.2.3, clause 14(2)(b) – did fail to provide adequate handwashing facilities that are connected to, or otherwise provided with, a supply of warm running potable water
- Standard 3.2.3, clause 13(1) – did fail to ensure fixtures, fittings and equipment that use water for food handling or other activities and are designed to be connected to a water supply be connected to an adequate supply of water
- Standard 3.2.3, clause 14(1)(a) - did fail to have hand washing facilities that are located where they can be easily accessed by food handlers within areas where food handlers work if their hands are likely to be a source of contamination of food.
Reviewed 22 December 2025