On 11 September 2024, the defendant, Quinton Marcus Vollmerhausen, appeared at the Maryborough Magistrates Court and pleaded guilty to an offence under sections 36(2)(a) and 31(1)(b)(iii) of the Mining and Quarrying Safety and Health Act 1999 (Qld) (the Act).

The defendant was obliged, pursuant to section 36(2)(a) of the Act to manage the risk of injury to any other person in his own work and activities, and any other person’s own work and activities, so that the risk was at an acceptable level. The defendant failed to do so.

Specifically, on Tuesday, 16 August 2022, the defendant reversed a front-end loader that he was driving into his co-worker.

The defendant failed to check his surroundings before reversing his loader to ensure that the area he was moving into was clear and the defendant failed to conduct positive communication (e.g., sounding his horn) before reversing his loader.

The defendant should have checked his surroundings before reversing his loader and ensured that the area he was moving into was clear and the defendant should have conducted positive communication (e.g., sounding his horn) before reversing his loader.

The defendant’s fundamental failures to carry out those basic precautions caused grievous bodily harm to his co-worker.

Magistrate Milburn sentenced the defendant.

His Honour took into account the defendant’s early plea of guilty and the defendant’s genuine remorse for the offending and otherwise reduced the penalty that he would have imposed. His Honour considered the defendant’s criminal history, including his traffic record.

His Honour stated that the defendant was to blame for the offending, and that imprisonment was not a matter of last resort because the defendant had caused harm to another person. His Honour considered the impact statement tendered on behalf of the injured worker, and the fact that the injured worker suffered, continues to suffer and will continue to suffer physical and psychological harm.

His Honour considered he would not order the defendant to serve a term of suspended imprisonment. His Honour considered that a substantial period of probation combined with a community service would adequately reflect the criminality of the offending and allow the defendant to continue to rehabilitate (the defendant’s mental health had declined following the incident) under the supervision of community corrections.

His Honour considered the recording of a conviction by balancing the matters outlined in section 12 of the Penalties and Sentences Act 1992 (Qld). His Honour further noted that, as was observed in various Queensland Court of Appeal authorities, the public interest in employers or other person’s having knowledge of the defendant’s offending outweighed any personal interest the defendant may have in the non-recording of a conviction.

Magistrate Milburn ultimately imposed a combined probation and community service order on the defendant. The combined probation and community service order comprised 21 months (1 year and 9 months) of probation, and 200 hours unpaid community service.

His Honour recorded a conviction in respect of the offending.

His Honour ordered the defendant to pay a total of $3,101.40 in costs in respect of the matter. The costs comprised: $1,500 in professional scale costs; $1,500 costs of investigating matter under the Act; and a $101.40 filing fee for the complaint.

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