Disclaimer: Reports are provided as a summary only. They are not a verbatim account of the court proceedings and do not contain all details placed before the court. They are not intended to be used as a record of the court proceedings.

On 16 October 2026, a sole trader that operated a maintenance business was sentenced in the Pine Rivers Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011. The defendant pleaded guilty to failing to comply with his primary health and safety duty, thereby exposing workers to the risk of death or serious injury.

The defendant’s offending comprised a failure to ensure that appropriate control measures, such as scaffolding or safety harnesses, were present before workers worked at heights at a residential dwelling in Albany Creek, in order to eliminate or minimise the risk of a worker falling from height while at work. The risk was realised on 8 September 2025, when a worker fell 3 metres from the roof of a patio, suffering spinal fractures and a perforated intestine. 

In sentencing the defendant, A/Magistrate Roberts had regard to the nature and circumstances of the offending, the maximum penalty, and the need for deterrence and denunciation.

In mitigation, her Honour took into account the defendant’s prior good character, early plea of guilty, cooperation with the investigation, and the improved safety measures implemented following the incident. In imposing a fine, her Honour also had regard to the defendant’s financial circumstances and reduced capacity to pay a fine.

A/Magistrate Roberts convicted and fined the defendant $30,000, with no conviction recorded.

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

Court Report

General
Industry
Construction
Date of offence
Injury
Spinal fractures; perforated intestine
Court
Pine Rivers Magistrates Court
Magistrate or judge
A/Magistrate Roberts
Decision date
Defendant
Legislation

Sections 19(1) and 32 of the Work Health and Safety Act 2011

Plea
Guilty
Penalty
$30,000
Maximum fine available
$300,000
Professional and legal costs
$1,500
Court costs
$115.50
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No