On 20 April 2022, the Chief Executive Officer of a fertiliser company was sentenced in the Caboolture Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’). The defendant pleaded guilty to failing to exercise due diligence to ensure the company complied with its primary health and safety duty, thereby exposing workers to the risk of death or serious injury.

On 8 April 2022, following a five-day trial before His Honour Judge Smith in the District Court at Brisbane, Illawarra Enterprises (Qld) Pty Ltd (“the company”) and its director Michael Walsh, were each found guilty of breaching section 31 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with their respective health and safety duties pursuant to sections 19 and 27 of the Act. The company was fined $300 000. Mr Walsh was sentenced to 12 months imprisonment, wholly suspended for an operational period of 12 months. A conviction was recorded against each of the defendants.

On 2 September 2021 the defendant company was convicted after a trial in the Toowoomba Magistrates Court of an offence under section 40C of the Electrical Safety Act 2002 (‘the Act’), for failing to comply with its duty under section 30 of the Act to ensure, so far as was reasonably practicable, that its business or undertaking was conducted in a way that was electrically safe. Following the sentence hearing on 30 September 2021, the defendant was fined $80,000. No conviction was recorded.

On 31 March 2022, a company running a strawberry farm business and its sole director were sentenced in the Caloundra Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with their respective health and safety duties. The company pleaded guilty to failing to comply with its primary duty to ensure workers’ health and safety, thereby exposing them to the risk of death or serious injury. The director pleaded guilty to failing to exercise due diligence to ensure the company complied with its duty, thereby exposing workers to the risk of death or serious injury.

On 25 March 2022, a local government body (‘the body’) was sentenced in the Rockhampton Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its primary health and safety duty under section 19 of the Act. His Honour Magistrate Cameron Press fined the defendant $75 000. No conviction was recorded.

On 25 March 2022, following a four-day trial in the Gympie District Court, Jeffrey Owen was convicted and sentenced for an offence of industrial manslaughter, contrary to section 34C of the Work Health and Safety Act 2011 (‘the Act’). The conviction is the first conviction of an individual for the offence of industrial manslaughter since the offence provision was enacted in 2017. The defendant was sentenced to 5 years imprisonment, suspended after having served 18 months’ imprisonment, for an operational period of 5 years. A conviction was recorded.

On 18 March 2022, a transportation and warehousing company was sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with its primary health and safety duty under section 19(1) of the Act. Her Honour Magistrate Tracy Mossop fined the defendant $45,000. No conviction was recorded

On 18 March 2022, a water tank manufacturing company was sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011, having failed to comply with its primary health and safety duty under section 19 of the Act.  The defendant was fined $48,000 and no conviction was recorded.

On 18 March 2022, a forklift driver was sentenced in the Beenleigh Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with his health and safety duty as a worker pursuant to section 28 of the Act. Magistrate Terry Duroux fined the defendant $6,000. A conviction was not recorded.

On 16 March 2022, a worker was sentenced in the Cleveland Magistrates Court for breaching the Electrical Safety Act 2002 (“the Act”) by failing to comply with his electrical safety duties as a worker pursuant to section 39 of the Act, and performing electrical work without holding an electrical work licence. He was charged with two Category 2 (section 40C) offences, one Category 3 (section 40D) offence and eight offences against section 55. A global fine of $50,000 was imposed by way of penalty. No conviction was recorded.