Prosecutions

NT WorkSafe  actively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. The following is a summary of the completed prosecutions and the transcript of proceedings.

2019

  • On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. Probuild (NT) Pty Ltd was charged for breaching Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2002, for failing to comply with health and safety duties.

    On 25 September 2019, Probuild (NT) Pty Ltd was convicted and fined a total of $30,000 and the mandatory victim's levy of $1,000 after pleading guilty to the charges.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

  • On 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. Charges 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 The charges for failing to comply with Section 21 against Tropickist and Mr O'Brien were withdrawn.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

2018

  • 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.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

2017

  • 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.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

2016

  • 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.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

2013

  • 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 ‚Äčof the Work Health and Safety (National Uniform Legislation) Act 2011.

    Download the case sentencing remarks

  • 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.

    Download the case sentencing remarks

Infringement Notices

Infringement notices are fines issued for failing to comply with an improvement notice. Infringement notices have been issued to the following industry sectors.

IndustryNumber issued
Construction8
Mining1
Agriculture1
Electrical1