On 20 March 2026, a company director was sentenced in the Brisbane Magistrates Court for breaching section 155(5) of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with a section 155 notice requesting information and documents.

The defendant was the director of a company which became the subject of a Work Health and Safety Queensland investigation following an incident on 24 January 2025. On that date, a worker was installing a shade sail at Upper Caboolture and struck and damaged an underground electrical pillar.

During the investigation, an Inspector contacted the defendant on 12 February 2025 to discuss the incident and requested a meeting. However, the defendant declined to be interviewed and directed that further correspondence be sent to his email address.

On 17 February 2025, the regulator issued the defendant with a notice under s155(2)(a) and (b) of the Act requiring him to provide information and produce documents relating to the incident by 5:00 pm on 21 February 2025. The notice warned that failure to comply could result in prosecution. The defendant failed to respond to the notice.

On 4 March 2025, an Investigator sent a further email requesting an explanation for the non-compliance. The defendant replied with two brief emails: “Criminal proceedings for what crime??” and “Was anyone harmed or property damaged in the incident?” He did not provide the requested information and documents or any reasonable excuse for failing to comply with the notice.

In sentencing, Magistrate Mack took into account the early plea of guilty. His Honour considered the circumstances of the offending and acknowledged that the defendant’s non-compliance was, in part, motivated by a desire to avoid exposing a worker to adverse consequences. However, his Honour found that reasoning was erroneous, and the defendant should have responded to the notice.

Taking into account all matters, his Honour imposed a fine of $2,500. His Honour exercised his discretion to not record a conviction.

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