On 30 April 2026, an irrigation company was sentenced in the Warwick Magistrates Court for breaching section 40C of the Electrical Safety Act 2002 (Qld) (‘the Act’). The defendant held an electrical safety duty, and failed to comply with that duty, and the failure exposed an individual to a risk of death or serious injury or illness.

The defendant entered into a contract to undertake works associated with upgrading a bulk water supply at a feedlot in Beebo. The defendant had control of the relevant work area.

On 23 May 2023, the defendant engaged another company to provide a Franna crane and an operator to lift a concrete bulkhead in a paddock. The lift occurred in proximity to uninsulated 33kV overhead powerlines located approximately 6.8 metres above ground. During the lift, one of the defendant’s workers was guiding the suspended load by hand when a chain attached to the bulkhead contacted the powerline, causing him to receive a severe electric shock.

The injured worker suffered catastrophic injuries, including amputation of his left arm at the shoulder, his right leg below the knee, partial amputation of his left foot, and significant burns. He required prolonged hospitalisation.

The risk arose in circumstances where reasonably practicable control measures were not implemented to identify and control the hazard posed by the overhead powerlines. Those control measures included maintaining an exclusion zone, providing appropriate information, training and instructions to workers and implementing visual warnings at the site.

In sentencing, Her Honour Magistrate Crawford took into account the defendant’s plea of guilty, accepting that it reflected remorse for the offending and an acceptance of responsibility.

Her Honour considered the circumstances of the offending, including the actual harm suffered by the injured worker and the physical, practical and psychological impacts described in the injured worker’s victim impact statement.

Her Honour also had regard to the post-incident measures implemented by the defendant, together with the support provided to the injured worker following the incident.

In determining sentence, Her Honour considered the comparable cases placed before the Court, the submissions of both parties, and the maximum penalty prescribed for the offence.

Having regard to all relevant matters, her Honour imposed a fine of $120,000. Her Honour exercised her discretion to not record a conviction.

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