On 18 June 2026, the defendant, a supervisor at a coal mine, was convicted in the Moranbah Magistrates Court of an offence contrary to section 39(1)(c) and 34(e)(iii) of the Coal Mining Safety & Health Act 1999 (Qld) (‘the Act’) (superseded version from 1 March 2023 to 3 December 2023). The defendant, a person at a coal mine, had an obligation to take any reasonable and necessary course of action to ensure anyone is not exposed to an unacceptable level of risk (section 39(1)(c) of the Act). The defendant failed that obligation (section 34(e)(iii) of the Act).

Specifically, the defendant’s failure is that on 4 May 2023 he should have confirmed, but did not confirm, that workers under his supervision were clear of the vicinity of a pressurised stone dust line.

The maximum penalty was a fine of 500 penalty units ($71,875) or 6 months imprisonment.

Magistrate McKenzie considered:

• the facts of the offending;
• the maximum penalty;
• the defendant’s plea of guilty, lack of criminal history and his safe work history;
• character references from the family and colleagues of the defendant; and
• the extra-curial impact of the prosecution upon the defendant (and the defendant’s family).

Magistrate McKenzie fined the defendant $10,000 and did not record a conviction having regard to the considerations described above.

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