On 10 October 2022, the sole director of a family owned company was sentenced in the Proserpine Magistrates Court for breaching section 43 of the Work Health and Safety Act 2011, having operated a forklift without having obtained the relevant licence, as required by 81 of the Work Health and Safety Regulation 2011. The defendant was ordered to pay a fine of $2,160. No conviction was recorded.

On 15 September 2021, two Workplace Health and Safety Queensland inspectors attended the defendant’s place of business and witnessed the defendant operating the forklift.

The defendant was aware he had an expired forklift licence, and was in the process of applying for a new licence.

In sentencing, Magistrate Morton took into account the defendant’s early plea of guilty, his work history, antecedents and the fact he had since obtained a forklift licence.

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