On 23 April 2024, a worker was sentenced in the Maroochydore Magistrates Court for threatening or intimidating an inspector contrary to section 190 of the Work Health and Safety Act 2011 (‘the Act’).

The defendant worker pleaded guilty to intimidating an inspector at worksite at Alexandra Heads on 6 July 2022. During his visit to the worksite, the inspector had a conversation with the site supervisor and then with the defendant. A heated discussion occurred between the inspector and the defendant.

At one point the inspector told the defendant that he was being unreasonable and angry. The defendant responded “You want to see unreasonable mate, I’ll put you on the fucking ground…. do you really want to see me fucking angry.

The inspector left the exchange with the defendant and asked the site supervisor to follow him. When the inspector was approximately 10 metres away, the defendant was heard saying “… going to break your fucking nose.”

Magistrate Madsen acknowledged the facts of the offending and the signs of remorse from the defendant reflected by his early plea of guilty. It was noted that the defendant had a single dated entry on his criminal history which had little relevance to the sentencing proceedings.

His Honour ordered that the defendant be fined $2,250 and pay costs of $851.40. The fine was referred to SPER.

His Honour noted that the circumstances of the case did not require that a conviction be recorded.

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

Court Report

General
Industry
Construction
Date of offence
Injury
N/A
Court
Maroochydore Magistrates Court
Magistrate or judge
Magistrate Rodney Madsen
Decision date
Company
Legislation

Section 190 of the Work Health and Safety Act 2011

Plea
Guilty
Penalty
$2,250
Maximum fine available
$100,000 or 2 years imprisonment
Professional and legal costs
$750
Court costs
$101.40
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No