On 11 March 2025, an individual was sentenced in the Caloundra Magistrates Court for an offence pursuant to section 188 of the Work Health and Safety Act 2011 (Qld), having intentionally hindered or obstructed inspectors from exercising their compliance powers. 

Inspectors from Workplace Health and Safety Queensland (WHSQ) attended the defendant’s address on multiple occasions in August and September 2022 in response to complaints made regarding work being conducted at the address.

On 12 September 2022, the defendant refused inspectors entry to the address, advising them they did not have jurisdiction. The Queensland Police Service (QPS) were contacted by inspectors and attended the address. QPS were present for some of the interactions between inspectors and the defendant during which the defendant continued to be obstructive towards inspectors and continued to refuse entry. Ultimately, WHSQ inspectors were unable to enter the address. 

A charge was brought against the defendant, and the defendant was served with the complaint.  The defendant failed to appear at the first mention. 

On 11 March 2025, the defendant again failed to appear. The Court dealt with the case in the absence of the defendant, in accordance with section 142A of the Justices Act 1886 (Qld).

Having regard to the statement of facts, the Court was satisfied that the charge was substantiated and found the defendant guilty of the offence before the court. Magistrate Benson had regard to the defendant’s criminal history which contained a similar, albeit dated, offence of obstructing police. 

The Court noted that the defendant had shown no remorse, notwithstanding that he had not chosen to be heard on the matter. 

A fine of $5,000 was imposed.  A conviction was not recorded. 

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