On 8 September 2023, a worker was sentenced in the Gladstone Magistrates Court for breaching section 43 of the Work Health and Safety Act 2011 (‘the Act’). The defendant was found guilty of performing work without the appropriate high risk work licence.

In mid-February 2022 the defendant, Joshua Michael Stirling, submitted his resume to a potential employer, including his HRW licence which depicted he was the holder of various classes, including the classes WP and LF. The defendant was successful in obtaining employment and commenced in mid-March 2022 with an engineering firm operating in the Gladstone area.

The defendant undertook various duties including operating a forklift which was owned by his employer. The investigation revealed the defendant operated the forklift multiple times each week, moving loads, whilst employed by the company. On 15 September 2022 the defendant was queried by management of the company regarding his forklift licence, and he was requested to provide evidence of his training; the defendant stated he would do so, on his next shift. The defendant never returned to his employment and attempts at contact by his employer were unsuccessful.

The employer made inquiries with the licensing area of Workplace Health and Safety Queensland, and it was established he did not hold that class of licence in this State or any other Australian jurisdiction. A complaint was made to WHSQ regarding the matter and the prosecution proceedings arose from that referral to the OWHSP.

The defendant was summonsed to appear in court and on 8 September 2023 the matter was heard in the Gladstone Magistrates Court. The defendant did not appear and the sentence hearing proceeded ex parte. In considering an appropriate sentence, Magistrate Buchanan noted from the statement of facts the defendant had fraudulently produced the altered license which had misled his employer who then employed him for a period of (5 months) from 16 March 2022 to 15 September 2022 at which time he was asked to produce his training records in relation to his forklift licence and he had not been seen since that day by the company. His Honour noted the prosecution had submitted two sentencing summaries from the Magistrates Court which, broadly speaking, detailed comparative circumstances of offending though he considered those circumstances were for lesser offending to what he was presently dealing with as he considered this matter more serious. He sentenced the defendant to the fine and costs as noted in this summary, including imposing a conviction for the offence.

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