On 3 October 2024, a company was sentenced in the Maroochydore Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’). The defendant pleaded guilty to failing to comply with its primary health and safety duty, thereby exposing workers to the risk of death or serious injury.

The defendant engaged in the business of vegetation management and was contracted by the Sunshine Coast Regional Council to undertake routine vegetation management along Point Perry Foreshore Reserve at Coolum Beach.

The work to be undertaken at the site was natural area restoration, predominately the removal of pest weeds. On 14 September 2022, two workers were performing this work on the escarpment using a ropes access system, body harnesses with ropes attached or anchored, with two other workers “spotting” for them. One worker (‘the injured worker’) told a supervisor he was not feeling “great” and he was instructed to work under the boardwalk and to keep within a couple of metres of its side. From the boardwalk the ground initially gradually slopes down towards the ocean for a few metres, before then dropping off steeply, to an escarpment (cliff) which was approximately 10 metres from the boardwalk. The fall to the rocks or ocean below was approximately 20 metres. 

There was a Job Safety Assessment Worksheet completed for the “Ropes Access Regeneration” work to be undertaken by the other workers at the site. This assessment was not specific to the work activity or work area of the injured worker. The injured worker was not instructed to wear a ropes access system to complete the work. He accessed the underneath of the boardwalk by climbing over the railing and then hopping down on the ground. He held onto the railing with his arm to move around the edge and then commenced his work underneath the boardwalk. Sometime later the injured worker outlined he begun not feeling well and that as he was working he started to feel dizzy. He then states he blacked out.

At approximately 9:30am members of the public observed the injured worker under the boardwalk. He was observed under some bushes looking disorientated and eventually fell off the edge of the escarpment 20 metres onto the rocks below after losing his balance attempting to stand up. The injured worker was transported to the Princess Alexandra Hospital via the RACQ life flight helicopter. He was found to have sustained a right parietal skull fracture with associated laceration, fractures to C9 and C10 vertebrae causing paralysis from the torso down and fractures to two ribs.

In sentencing the defendant, Magistrate Madsen had regard to the maximum penalty for the offence and the purposes of the Act. His Honour did not consider that a personally deterrent sentence was necessary in this matter, but noted that general deterrence was an important sentencing consideration for offences of this type.

His Honour had regard to the principles contained in section 9 of the Penalties and Sentences Act 1992 (Qld) as well as the principles set out in Nash v silver City Drilling (NSW) Pty Ltd; Attorney-General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96. His Honour remarked that the risk of fall from the cliff edge was obvious and foreseeable and that the potential consequences could easily have been fatal. His Honour took into account the resultant harm from the incident.

In mitigation, Magistrate Madsen took into account the defendant’s timely plea of guilty as an indication of remorse and a willingness to facilitate the course of justice. His Honour had regard to the defendant’s lack of prior convictions, otherwise good character and cooperation with the investigation, including participation in a voluntary interview. His Honour also had regard to the considerable steps taken by the defendant to ensure compliance with safety obligations post-incident.

Having regard to all matters, as well as the comparable decisions referred to by the parties, Magistrate Madsen convicted and fined the defendant $90,000 and exercised his discretion not to record a conviction.

OWHSP contact: enquiries@owhsp.qld.gov.au