On 18 May 2021, a family owned tile company pleaded guilty and was sentenced in the Brisbane Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its health and safety duty pursuant to section 19(1) of the Act.

On 28 April 2021, a labourer was convicted and sentenced in the Atherton Magistrates Court for a category 2 offence arising from his failure to take reasonable care to ensure his actions did not adversely affect the health and safety of another worker, contrary to section 28 of the Work Health and Safety Act 2011 (‘the Act’). Magistrate Kevin priestly imposed a fine of $2,500 and no conviction was recorded.

An Ipswich caravan park failed to ensure, so far as reasonably practicable, that all asbestos or Asbestos Containing Material (‘ACM’) at the workplace was identified by a competent person, contrary to section 422 of the Work Health and Safety Regulation 2011. On 28 April 2021, the defendant pleaded guilty and was sentenced in the Ipswich Magistrates Court.

A beekeeping business was charged with carrying out work involving asbestos contrary to section 419(1) of the Work Health and Safety Regulation 2011. On 23 April 2021, the defendant pleaded guilty and was sentenced in the Redcliffe Magistrates Court.

On 20 April 2021, Ezystone Benchtops Pty Ltd was sentenced in the Redcliffe Magistrates Court for failing to ensure the health and safety of its workers contrary to sections 19(1) and 32 Work Health and Safety Act 2011. The offending occurred between 1 January 2012 and 1 November 2018. The defendant failed to appear and was sentence ex parte. Acting Magistrate Paul Byrne imposed a fine of $240,000. A conviction was recorded.

On 20 April 2021, a plastic waste company, a labour hire company and the director of both companies were sentenced in the Richlands Magistrates Court for category 2 offences under the Work Health and Safety Act 2011 (‘the Act’). The plastic waste and labour hire companies failed to comply with their primary health and safety duties under section 19(1) of the Act, and the defendant director failed to exercise due diligence to ensure the companies complied with its duty. Magistrate Aaron Simpson imposed fines of $60,000 and $40,000 on the plastic waste and labour hire companies respectively. His Honour also imposed a fine of $10,000 on the director. No convictions were recorded.

On 16 April 2021, a forklift operator was sentenced in the Brisbane Magistrates Court for failing to take reasonable care his acts did not adversely affect the health and safety of others, contrary to sections 28 and 32 of the Work Health and Safety Act 2011. Magistrate Colin Strofield imposed a fine of $3,000 and no conviction was recorded.

On 9 April 2021, in the Brisbane District Court, his Honour Judge Reid delivered judgement in Guilfoyle v Wild Breads Pty Ltd [2021] QDC 58. His Honour allowed the appeal brought by the Work Health and Safety Prosecutor, increasing the fine imposed against Wild Breads Pty Ltd from $25,000 to $60,000.

On 7 April 2021, a livestock transportation company was sentenced in the Toowoomba Magistrates Court for failing to immediately notify the regulator of a notifiable incident, in contravention of section 38(1) of the Work Health and Safety Act 2011. Magistrate Kay Ryan imposed a fine of $5,000 and no conviction was recorded.

On 31 March 2021, an engineering company was convicted and sentenced in the Ipswich Magistrates Court for failing to comply with its duty under section 22(2) of the Work Health and Safety Act 2011 (‘WHS Act’) to ensure their design of a structure was without risks to other persons. This failure exposed an individual to a risk of death or serious injury contrary to section 32 of the WHS Act. Magistrate MacCallum imposed a fine of $100,000 and no conviction was recorded.