On 20 April 2021, a plastic waste company, a labour hire company and the director of both companies were sentenced in the Richlands Magistrates Court for category 2 offences under the Work Health and Safety Act 2011 (‘the Act’). The plastic waste and labour hire companies failed to comply with their primary health and safety duties under section 19(1) of the Act, and the defendant director failed to exercise due diligence to ensure the companies complied with its duty. Magistrate Aaron Simpson imposed fines of $60,000 and $40,000 on the plastic waste and labour hire companies respectively. His Honour also imposed a fine of $10,000 on the director. No convictions were recorded.

On 16 April 2021, a forklift operator was sentenced in the Brisbane Magistrates Court for failing to take reasonable care his acts did not adversely affect the health and safety of others, contrary to sections 28 and 32 of the Work Health and Safety Act 2011. Magistrate Colin Strofield imposed a fine of $3,000 and no conviction was recorded.

On 9 April 2021, in the Brisbane District Court, his Honour Judge Reid delivered judgement in Guilfoyle v Wild Breads Pty Ltd [2021] QDC 58. His Honour allowed the appeal brought by the Work Health and Safety Prosecutor, increasing the fine imposed against Wild Breads Pty Ltd from $25,000 to $60,000.

On 7 April 2021, a livestock transportation company was sentenced in the Toowoomba Magistrates Court for failing to immediately notify the regulator of a notifiable incident, in contravention of section 38(1) of the Work Health and Safety Act 2011. Magistrate Kay Ryan imposed a fine of $5,000 and no conviction was recorded.

On 31 March 2021, an engineering company was convicted and sentenced in the Ipswich Magistrates Court for failing to comply with its duty under section 22(2) of the Work Health and Safety Act 2011 (‘WHS Act’) to ensure their design of a structure was without risks to other persons. This failure exposed an individual to a risk of death or serious injury contrary to section 32 of the WHS Act. Magistrate MacCallum imposed a fine of $100,000 and no conviction was recorded.

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.