On 5 February 2025, a 67-year-old sole trader who runs a horse-riding business was sentenced in the Maroochydore Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with a primary health and safety duty.

The Court made an adverse publicity order which required the sole trader to send a notice to 10 similar businesses on the Sunshine Coast detailing the offence, the penalty imposed and the importance of health and safety duties. The Magistrates Court also released the defendant on an undertaking, with recognisance in the sum of $5,000, conditioned that she does not commit any offence against the Act for one year, and further adjourned the proceeding until February 2026 in respect of compliance with the order.

The defendant is a sole trader who operates a horse-riding business from her home on the Sunshine Coast. The business provides horse riding lessons and equine therapy to disabled persons. The defendant engaged volunteer workers aged 12-15 years old to assist her in her business.

In August 2023, a 15-year-old volunteer was tasked with retrieving a horse from a paddock and attempted to ride the horse without a saddle and helmet. The defendant was not supervising the volunteer. The horse became spooked, and the volunteer was thrown to the ground, striking her head. The volunteer suffered serious injuries including a fractured skull, a serious brain injury and a head wound. The volunteer was in a coma for five days and remained in hospital for a lengthy period of time. The volunteer suffers ongoing effects from the incident.

The defendant pleaded guilty and accepted she had failed to eliminate or minimise the risk of falling from a horse so far as was reasonably practicable and that she ought to have implemented a number of control measures as set out by the prosecution.

The Court had regard to the Horse riding schools, trail riding establishments and horse riding establishments Code of Practice 2002 and the Children and young workers Code of Practice 2006 in determining the risk and what reasonably practicable measures the defendant ought to have implemented in the business.

The Court also had regard to the defendant’s limited financial circumstances, general good character and the significant efforts she had made to address health and safety risks at her business post-incident.

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