Industrial manslaughter charge for Darwin Construction Company
The Northern Territory’s Work Health and Safety Regulator has commenced a prosecution against Kalidonis NT Pty Ltd for Industrial Manslaughter in relation to a death of a worker at Maningrida on 20 March 2020. It is alleged the worker sustained fatal injuries while engaged at work for the company.
The company faces one charge of industrial manslaughter which has a maximum penalty of $10,205,000 if found guilty.
Two alternative charges have also been laid:
- A Category 1 offence for reckless conduct, with a maximum penalty of $3,000,000; and
- A Category 2 offence for failing to comply with a health and safety duty with a maximum penalty of $1,500,000.
In addition to the above charges, Kalidonis NT Pty Ltd faces another charge for a Category 2 offence for an alleged incident involving the deceased worker which occurred eight days earlier on 12 March 2020.
The Work Health and Safety Regulator has also commenced a prosecution against the company’s sole director Theofilos Kalidonis over the fatality. Mr Kalidonis has been charged with:
- A Category 1 offence for reckless conduct with a maximum penalty of $600,000 or five years in prison or both; and
- An alternative Category 2 offence for failing to comply with a health and safety duty with a maximum penalty of $300,000.
Mr Kalidonis has also been charged in relation to the incident that occurred on 12 March 2020 and faces an additional Category 2 offence for failing to comply with a health and safety duty that has a maximum penalty of $300,000.
The charges against Kalidonis NT Pty Ltd and Mr Kalidonis will be mentioned in the Darwin Local Court on Tuesday 10 May 2022.
This is the first time a prosecution for industrial manslaughter has been brought since the introduction of the offence in the Northern Territory.
Note to media: The next-of-kin has requested privacy and that the worker’s name not be used.