Prosecutions

In September 2022, NT WorkSafe commenced an investigation after five patrons dining at Little Miss Korea were burnt from a flash fire. At the time of the incident, the patrons were cooking their food using a charcoal barbeque grill unit when the flash fire occurred.

The family partnership C.J LEE & D.J LEE faced multiple charges under Section 31 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing to comply with their primary duty of care to ensure the safety of their patrons. Alternative charges under Section 32 were also laid.

C.J LEE & D.J LEE entered an early guilty plea to a consolidated alternative charge under Section 32 of the Act and was fined $12,000.

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In November 2022 Mr Peter Van Der Pasch, trading as Petals Pruning Perfection and Tree Removals, was working at a private residence in Alice Springs removing tree branches with two workers.

One of those worker’s was seriously injured after being struck by the hood of a wood chipper which had detached while the machine was operating.

Mr Van Der Pasch faced two charges under Section 31 Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing his primary duty of care and one charge under Section 33 for not having a safe system of work. Alternative charges under Section 32 were also laid.

Mr Van Der Pasch pleaded guilty to the two alternative charges under section 32 and was fined $25,000 by the Alice Springs Local Court and a conviction was recorded.

The charge under Section 33 was withdrawn.

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In August 2019, a Mine Superintendent at Bootu Creek Mine entered an open cut pit to conduct an assessment after four workers reported seeing sediment slipping from the wall earlier that day. Tragically, a section of the wall gave way, burying the worker as he was inspecting the wall.

OM (Manganese) Ltd faced a number of charges for failing their duty under Section 19(1)(a) of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act).

The mine’s Chief Operating Officer, Mr Trevor Cook also faced multiple charges for failing his duty as a worker under Section 28(b) of the Act.

OM (Manganese) Ltd pleaded guilty to consolidated charges under Section 32 of the Act for failing its duty under Section 19(1)(a) and was fined $487,500 by the Northern Territory Local Court, and a conviction was recorded.

The charges against Mr Cook was withdrawn.

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In August 2021, Mr Tyrone Troy Taylor was issued with a number of improvement notices for his amusement rides due to maintenance concerns after NT WorkSafe Inspectors conducted compliance checks. Mr Taylor failed to comply with the improvement notices and was issued with infringement notices.

Mr Taylor elected to challenge the infringement notices in court, but was unsuccessful.

The Northern Territory Local Court imposed the following penalties:

• Mr Taylor was fined $5,000.
• A conviction was recorded for breaching section 193 of the Act.

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On 29 November 2017, 56-year-old Carl Delaney was conducting insulation repair works on LNG Tank 2. Mr Delaney fell inside the confined space and was engulfed by perlite insulation and suffocated.

After an unsuccessful legal challenge in the Supreme Court, Whittens Group Pty Ltd pleaded guilty to failing to comply with a health and safety duty under Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

The Northern Territory Local Court imposed the following penalties:

• Whittens Group Pty Ltd was fined $425,000.
• A conviction was recorded for breaching section 32 of the Act.
• An additional $70,000 was paid to NT WorkSafe for court costs.

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In April 2019, a 30-year-old worker was killed as he assisted with the loading of an excavator onto a trailer. The worker was killed when an excavator bucket dislodged and struck the worker.

Titan Plant Hire Pty Ltd, trading as Territory Plant Hire, faced charges for failing their duties under Sections 19(2) and 20(2) of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act).

Company director, Mr Jason Frank Madalena, faced charges under Section 27 of the Act.

Titan Plant Hire Pty Ltd entered an early guilty plea to one charge under Section 32 of the Act for failing its primary duty of care under Section 19(2) of the Act.

Mr Madalena also entered an early guilty plea to one charge under Section 32 of the Act failing to exercise due diligence under Section 27 of the Act which allowed Titan Plant Hire to breach its duty.

The Northern Territory Local Court imposed the following penalties on March 15 2023:

• Titan Plant Hire Pty Ltd was fined $960,000.
• Mr Madalena was fined $180,000.
• Both Titan Plant Hire Pty Ltd and Mr Madalena had convictions recorded.

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In May 2019, an amusement ride known as the Octopus Ride operating at the Freds Pass Show malfunctioned and crashed injuring two passengers.

Tyrone Troy Taylor who supplied and operated the show ride was charged with four breaches under section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

Mr Taylor entered an early guilty plea to two of the charges under section 32 for exposing the two injured passengers to a risk of serious injury or death. Mr Taylor also pleaded guilty to a charge under section 33 for putting at risk the health and safety of the other passengers on the ride.

The Northern Territory Local Court imposed the following penalties:

• Mr Taylor was fined $10,000;
• Mr Taylor was ordered to pay the two injured passengers $10,000 each; and
• Mr Taylor was ordered to forfeit the Octopus Ride to the Northern Territory for destruction.

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In February 2019, a 43-year-old worker received a serious electrical shock after accessing the resort’s mechanical services switchboard. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators.

N T Estate Pty Ltd as the owner of the property, was charged with one breach under section 32 of the Act for failing to ensure the mechanical services switchboard was without risks to the health and safety of any person.

Springs OpCo Pty Ltd as the operator of the accommodation establishment, was charged with one breach under Section 32 of the Act, for failing to ensure the health and safety of their worker.

Megan Nott, a company director of Springs OpCo Pty Ltd, was charged with one breach under Section 32 for failing to exercise due diligence in ensuring Springs OpCo Pty Ltd complied with its health and safety duties.

All three defendants entered an early guilty plea and on 12 October 2021, the Northern Territory Local Court in Alice Springs issued the following fines:

• N T Estate Pty Ltd was fined $5,000;
• Springs OpCo Pty Ltd was fined $15,000; and
• Megan Nott was fined $5,000.

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On 13 April 2019, an 18 year old worker was severely burnt when he attempted to cut a 44-gallon Avgas drum with an angle grinder, when the drum exploded.

Arron Peter Kerr (trading as Kerr Contracting & Co) was charged with four breaches the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) over the incident.

• Two charges of reckless conduct under section 31 of the Act for failing to ensure the safety of his workers;
• One charge under section 38(1) of the Act for failing to notify NT WorkSafe of a notifiable incident; and
• One charge under section 39(1) of the Act for failing to preserve the site of an incident.

Mr Kerr entered an early guilty plea to the two reckless conduct charges and the Northern Territory Local Court imposed the following penalties:

• Mr Kerr was convicted of two breaches of section 31 (reckless conduct) of the Act and the convictions were recorded;
• Mr Kerr was given a two year good behaviour bond; and
• Mr Kerr was ordered to pay the injured worker $20,000.

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On 13 July 2013, 35-year-old NSW tourist Stephanie Bernoth was fatally injured when the scarf she was wearing was drawn into an inflation fan, as she boarded a hot air balloon.

Outback Ballooning Pty Ltd was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) over the death.

Following a lengthy legal challenge which reached the High Court in February 2019, the charge was reverted back to the Northern Territory Local Court where Outback Ballooning pleaded guilty.

On 22 July 2021, the Northern Territory Local Court in Alice Springs imposed the following penalties:

• Outback Ballooning was convicted of breaching section 32 of the Act and the conviction was recorded.
• The company was fined $120,000, with an additional Victims Levy of $1000.
• The company was also ordered to pay NT WorkSafe $10,000 to assist in the preparation, publication and distribution of written advice regarding precautions to be undertaken by tourists in Central Australia in respect to weather conditions.

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On 25 February 2019, a third year and a fourth year electrical apprentice were both working unsupervised on the roof of the Tennant Creek Fire Station conducting electrical work on a live system. The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived.

Ridem Pty Ltd, trading as Dexter Barnes Electrical was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing the their primary duty of care.

Mr Russel John O’Donnell, a director of Ridem Pty Ltd was also charged with one breach of section 32 of the Act for failing the his primary duty of care.

Both parties pleaded guilty and on 18 February 2021, Ridem Pty Ltd was convicted and fined $80,000 in additional to paying $40,000 as part of a court ordered Work Health and Safety Undertaking.

Mr O’Donnell was convicted and fined $40,000, and was ordered by the court to complete hazard identification and management training, as well as due diligence training.

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On 8 February 2018, two workers subcontracted by Hewitt Cattle Australia fell from a height as they were being lifted in a man cage by a telehandler at Ambalindum Station. Hewitt Cattle Australia was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing their primary duty of care, and one breach of section 38 of the Act for failing to notify NT WorkSafe of a notifiable incident.

On 8 September 2020, Hewitt Cattle Australia was convicted and fined $30,000 after pleaded guilty to one breach of Section 32 for not ensuring the health and safety of workers they engaged. The section 38 breach for failing to notify NT WorkSafe of a notifiable incident was withdrawn.

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On 8 February 2018, Ryan Watts and a worker he had subcontracted fell from a height as they were being lifted in a man cage by a telehandler. Mr Watts was charged with one breach of section 155(2) of the Act for failing to produce documents and information requested by NT WorkSafe as part of an investigation.

On 30 July 2020, Mr Watts was convicted and fined $4,000 after pleading guilty to one breach of Section 155 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the WHS Act) for (without reasonable excuse) failing to comply with a written notice to produce documents and information.

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On 16 July 2017 a  fuel truck driver died as a result of a vehicle rollover. Indervon Pty Ltd was charged with two breaches of Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 for failing to comply with a health and safety duty.

On 29 April 2020, Indervon was convicted and fined $140,000 after pleading guilty to one breach of Section 32 for failing to provide adequate training, instruction and supervision. The other Section 32 charge for failing to provide a safety system of work was withdrawn.

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On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. Breakthrough (NQ) Pty Ltd was charged for breaching Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing to comply with a health and safety duties and Section 39 of the Act for failing to preserve an incident site.

On 25 September 2019, Breakthrough (NQ) Pty Ltd was convicted and fined a total of $32,500 and the mandatory victim's levy of $2,000 after pleading guilty to the charges.

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On 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. Chargers were laid against the company Tropickist and company director Mr David O'Brien for failing to comply with Section 21 and Section 155 (5) of the Work Health and Safety (National Uniform Legislation) Act 2011.

On 3 July 2019, Tropickist and Mr O'Brien were both convicted and fined a total of $13,000, after pleading guilty to breaching Section 155 (5). The chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn.

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On 8 January 2017, a deckhand was found floating face down in the water after he lost his balance when climbing from the barge onto the wharf, with no gangway in place to bridge the gap.

On the 4 April 2019 the defendant, who was the skipper of the barge, was convicted and fined $20,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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On the 7 October 2016, a man was killed after falling asleep in the loading dock area of Hibiscus Shopping Centre. The subcontractor driving a prime mover was never provided induction training or a site induction of the shopping centre.

On the 26 March 2019, Glen Cameron was fined $154,000 and the mandatory victim's levy of $1,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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On the 8 January 2017 a deckhand was found floating face down in the water after he lost his balance when climbing from the barge onto the wharf, with no gangway in place to bridge the gap.

On the 13 December 2018 the defendant was convicted and fined $190,000 and the mandatory victim’s levy of $1,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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On the 19 November 2015 a young child received fatal crush injuries after a truck tyre fell on him as his family waited for a tyre on their vehicle to be replaced at a Katherine business.

On the 19 March 2018 the defendant was convicted and fined $135,000 for breaching section 32 and $7,000 for breaching section 38 of the Work Health and Safety (National Uniform Legislation) Act 2011. A victims levy of $2,000 was also imposed.

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On the 6 August 2015 a student was run over and killed by a four-wheel drive that he and fellow students were pulling at the Gawa School sports carnival on Elcho Island.

On the 4 August 2017 the defendant was convicted and fined $50,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. A mandatory $1,500 victims levy was also imposed in relation to the finding of guilt.

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On the 8 February 2012 a worker was killed when a 350kg pole fell from the tine of a skid steer loader and crushed him.

The company previously “vigorously” defended the charge on a technicality, arguing prosecutors filed the charge out of time, but the NT Supreme Court ruled the case could go ahead in early 2016.

On the 16 May 2017 S.Kidman & Co Ltd was convicted and fined $200,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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In February 2016 two separate complaints were received about a worker climbing a tower crane at a height of approximately 18 to 21 meters without appropriate fall protection.

On the 12 May 2017 the defendant was convicted and fined $11,800 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. The defendant was also ordered to pay a victim levy and costs totalling $3,500.

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On the 24 March 2015 a worker was seriously injured whilst shredding trees and palm fronds in preparation for an approaching cyclone.

On the 20 July 2016 the defendant was convicted and fined $15,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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On the 15 June 2014 a tourist was fatally injured when climbing down onto an overhanging ledge below Kestrel Falls look out.

On the 23 June 2016 the defendant was convicted and fined $140,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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On the 18 June 2012 Arafura Plumbing PTY LTD were found to be in breach of a notice prohibiting the transport and storage of flammable gas in enclosed vehicles.

On 9 October 2013 the defendant was convicted and fined $5,080 for a breach of section 19 and 197 ​of the Work Health and Safety (National Uniform Legislation) Act 2011.

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On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. Enquiries proved that the company never held a insurance policy or indemnity from an approved insurer, nor did they notify NT WorkSafe of the incident.

On the 15 July 2013 the defendant was convicted and fined  $58,625 for a breach of section 126 of the Workers Rehabilitation and Compensation Act 1986 and $16,400 for a breach of section 38 of the Work Health and Safety (National Uniform Legislation) Act 2011.

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