On 23 March 2021, a produce business was sentenced in the Bowen Magistrates Court for failing to comply with its primary health and safety duty, pursuant to section 19(1) of the Work Health and Safety Act 2011 (‘WHS Act’), and exposing an individual to a risk of death or serious injury, contrary to section 32 of the WHS Act. Magistrate Morton imposed a fine of $150,000 and declined to record a conviction.

On 23 March 2021, a manufacturing company was convicted and sentenced in the Gympie Magistrates Court for a Category 2 offence for failing to comply with its primary work health and safety obligation held pursuant to section 19(1) of the Work Health and Safety Act 2011 (‘WHS Act’). Magistrate Graham Hillan imposed a fine of $35,000 and no conviction was recorded.

On 19 March 2021, in the Brisbane Magistrates Court, a painter pleaded guilty and was sentenced in relation to three offences against the Work Health and Safety Act 2011 (‘WHS Act’) and the Work Health and Safety Regulation 2011 (‘WHS Regulation’) arising out of the use of a high pressure hose to spray an asbestos roof. The defendant failed to comply with his primary duty, pursuant to section 19(2) of the Act, to ensure the health and safety of other persons was not put at risk from work carried out as part of his business or undertaking, contrary to section 33 of the WHS Act. He directed or allowed another worker to use a high-pressure water blaster on asbestos, contrary to section 446(1) of the WHS Regulation. He also failed to comply with an improvement notice to remediate the workplace, contrary to section 193 of the WHS Act. Magistrate Michael Quinn imposed a global fine of $3,000 and no convictions were recorded.

On 18 March 2021, a sand mine worker pleaded guilty and was sentenced in the Maroochydore Magistrates Court for failing to ensure his acts did not risk the health and safety of other persons, which exposed others to a risk of death or serious injury contrary to section 32 Work Health and Safety Act 2011 (‘WHS Act’). Magistrate McLaughlin imposed a fine of $7,500 and no conviction was recorded.

On 18 March 2021, a company director of a Sunshine Coast restaurant chain was sentenced in the Maroochydore Magistrates Court for conducting unlicensed gas work and failing to comply with a safety requirement causing bodily harm to a worker, contrary to sections 726(1)(a) and 708A(1) of the Petroleum and Gas (Production and Safety) Act 2004 (the ‘Act’). Magistrate McLaughlin imposed a global fine of $5,000 and ordered compensation in the amount of $2,000. A conviction was not recorded.

On 10 March 2021, a painter was sentenced in the Holland Park Magistrates Court for multiple contraventions of the Work Health and Safety Act 2011 (‘the Act’). The defendant pleaded guilty to two Category 2 offences arising from his failure to ensure the health and safety of his workers and other persons was not put at risk. The defendant also pleaded guilty to three charges of non-compliance with an improvement notice contrary to section 193 WHS Act. For the Category 2 offences, Magistrate Sue Ganesan imposed a court-ordered work health and safety undertaking with a good behaviour period of two years and a recognisance of $25,000. Her Honour imposed a global fine of $9,000 for the three counts of non-compliance with improvement notices.

On 8 March 2021, following a hearing in the Southport Magistrates Court, a Gold Coast-based jumping castle rental company was found guilty of an offence against section 32 of the Work Health and Safety Act 2011 (the ‘Act’). The prosecution alleged the company, which pleaded not guilty, failed to meet its primary safety duty under section 19(1) of the Act.

On 25 February 2021, the defendant company and two individuals pleaded guilty in the Emerald Industrial Magistrates Court to breaches of safety and health obligations under the Mining and Quarrying Safety and Health Act 1999. The offending resulted in the death of a 21-year-old worker. Magistrate Robert Walker convicted and fined all three defendants for offences against section 31 of the Act. The defendant company was fined $180,000, the site senior executive $45,000, and a supervisor $10,000. The court ordered the convictions not be recorded.

On 12 February 2021, a Central Queensland abattoir pleaded guilty and was sentenced in the Rockhampton Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (the ‘Act’), having failed to meet its duty under section 19(1) of the Act. The defendant company was convicted and fined $75,000. No conviction was recorded.

On 5 February 2021, a flooring system company and its director pleaded guilty and were sentenced in the Brisbane Magistrates Court for contraventions of section 32 of the Work Health and Safety Act 2011 (‘Act’). The defendant company failed to comply with its duty under section 19(2) of the Act, and the defendant director failed to exercise due diligence to ensure the company complied with its duty. Magistrate Suzette Coates imposed a fine of $35,000 on the company. In relation to the director, her Honour imposed a 12-month court ordered undertaking pursuant to section 239 of the Act, with a recognisance of $5,000.