On 18 June 2026, the defendant, after entering a plea of not guilty, was convicted after trial in the Southport Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed in their duty under section 28(b) to take reasonable care that their acts or omissions did not adversely affect the health and safety of other persons.

In early 2024, a company was engaged to renovate the ensuite bathroom of a residential property. The company subcontracted a business to perform the demolition of the property’s existing bathroom, in which the defendant, was an individual who carried out work in the business.

During the demolition, the company’s box trailers were used for waste removal, and a contractor was engaged to remove and deliver the trailers. The contractor had left a trailer on the road, when one of the defendant’s workers offered the defendant to use their vehicle to move the trailer from the road to the property’s sloping driveway.

On 24 June 2024, the defendant attached the trailer’s tow ball coupling to the vehicle’s tow ball, and did not attach either of the trailer’s safety chains to the vehicle’s tow hitch. The defendant began reversing the vehicle with the trailer attached, as the worker stood in front of the property’s garage door giving directions. As the defendant reversed the trailer down the driveway, the trailer’s tow ball coupling detached from the vehicle’s tow ball, and rolled down the driveway crushing the worker, causing fatal injuries.

It was determined that although the trailer’s breakaway braking system was inoperable, both the tow ball coupling and the safety chains were observed to be in satisfactory condition. The defendant’s failure was in failing to attach or ensure attachment of the safety chains.

At the commencement of trial, the defendant also pleaded guilty and was later sentenced in relation to one offence of failing to notify the regulator of the incident pursuant to section 38 of the Act.

Magistrate Kissick imposed a total fine of $80,000 and a conviction was recorded for each offence.

In sentencing, Magistrate Kissick noted that he was convicted in circumstances where it was a powerfully strong case against him. His Honour found that he directly knew that he had done the wrong thing and attempted to recast himself and deflect blame in the weeks after. The defendant was found to be solely responsible for the death of the 18-year old worker. His Honour took into account the defendant’s diagnoses of PTSD and moral injury; however, noted that he had failed to take any true accountability or responsibility for his failures.

The Magistrate took into account the profound impact on the deceased’s family as expressed in their victim impact statements. It was observed that the death was preventable, simply, by checking. His Honour relied upon the principles relating to Work Health and Safety Prosecutions, including in 
R v Cordwell [2023] QCA 26 and Nicholson v GCMR Project Services Pty Ltd [2025] QCA 242. His Honour expressed that the control measures to eliminate the risk were not costly, not burdensome, and were not even inconvenient. In that context, it was demonstrative of a lack of care.

Notably, His Honour found that general deterrence and denunciation was of great importance and that, if the defendant were to ever work in the construction industry again, the community should be aware of his offending conduct. In the circumstances, His Honour found it was appropriate to record convictions.

His Honour took into account the defendant’s capacity to pay a fine and section 48 and 49 of the Penalties and Sentences Act 1992 (Qld). Ultimately, the Magistrate fined the defendant $75,000 in relation to the section 32 offence and $5,000 in relation to the section 38 offence. The defendant was ordered to pay $4,750 in professional costs and $105.30 in court costs. Payment was referred to SPER.

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