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Hunter Quarries Pty Ltd

Karuah Quarry, Karuah - Fatal injuries to worker while operating an excavator.

Date of incident
Decision date
Offence/allegation details

Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under section 19(1) of the Act.

Status/outcome

Defendant found not guilty.

Further information

District Court of NSW judgments: [2019] NSWDC 634

Case stated from the District Court under s 5AE of the Criminal Appeal Act 1912 - Court of Criminal Appeal [2022] NSWCCA 39

Finalised

Hunter Quarries Pty Ltd

Karuah Quarry, Karuah - Fatal injuries to worker - runaway truck over embankment.

Date of incident
Decision date
Offence/allegation details

Contravention of section 8(1) of Occupational Health and Safety Act 2000.

Status/outcome

Guilty plea - Convicted and fined $214,500.

Further information

Decision: 30 October 2009 (Industrial Court), 19 December 2017 (Supreme Court) and 10 May 2018 (High Court).

Finalised

Integra Coal Operations Pty Ltd

Integra Coal Underground Mine, Glennies Creek via Singleton - Fatal injuries to worker struck by shear shaft of longwall shear.

Date of incident
Decision date
Offence/allegation details

Contravention of section 8 of Occupational Health and Safety Act 2000.

Status/outcome

Guilty plea - Convicted, fined $195,500 and ordered to pay Regulator's costs.

Further information

Industrial Court of NSW judgment: [2015] NSWIC 15

Finalised

Integra Coal Operations Pty Ltd

Integra Underground Colliery, Glennies Creek near Singleton - Serious injury to eye from grouting machine.

Date of incident
Decision date
Offence/allegation details

Contravention of section 8(2) of Occupational Health and Safety Act 2000.

Status/outcome

Convicted, fined $55,000 plus costs in Chief Industrial Magistrate’s Court.

Finalised

JVUM Pty Ltd (formerly United Mining Pty Ltd) t/as United Mining Services

Glennies Creek Colliery, Glennies Creek near Singleton - High risk exposure to high voltage arcing fault underground.

Date of incident
Decision date
Offence/allegation details

Contravention of section 8(1) of Occupational Health and Safety Act 2000.

Status/outcome

Guilty plea - Convicted and fined $90,000 plus costs.

Further information

Industrial Court of NSW judgment: [2006] NSWIRComm 407

Finalised

LakeCoal Pty Ltd

Chain Valley Colliery, Chain Valley - Fatal injuries to worker crushed by fall of unsupported rib coal.

Date of incident
Decision date
Offence/allegation details

Contravention of sections 8(1) and 8(2) of Occupational Health and Safety Act 2000.

Status/outcome

Guilty plea - Convicted, fined $250,000 and ordered to pay Regulator's costs - District Court of NSW.

Finalised

LakeCoal Pty Ltd (in liquidation)

Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground.

Date of incident
Decision date
Offence/allegation details

Contravention of section 19(1) of Work Health and Safety Act 2011.

Status/outcome

Undefended trial - LakeCoal Pty Limited convicted and fined $180,000 and ordered to pay the Regulator’s costs.

Further information

District Court of NSW judgments: [2019] NSWDC 360; [2019] NSWDC 402

Finalised

LD Operations Pty Ltd

Mannering Colliery, Mannering Park - Serious injury to worker struck by damaged W-strap while travelling underground.

Date of incident
Decision date
Offence/allegation details

Contravention of section 32 of Work Health and Safety Act 2011, by failing to comply with a health and safety duty under Section 19 of the Act.

Status/outcome

Guilty plea - LD Operations Pty Ltd convicted and fined $136,000 and ordered to pay the prosecutor’s costs.

Further information

District Court of NSW judgments: [2019] NSWDC 727

Finalised

Liddell Coal Preparation Pty Ltd

Liddell Coal Preparation Plant - High risk high voltage electric shock.

Date of incident
Decision date
Offence/allegation details

Contravention of section 8(1) of Occupational Health and Safety Act 2000.

Status/outcome

Guilty plea - Convicted, fined $90,000, investigation costs $23,090, plus costs.

Further information

Industrial Court of NSW judgment: [2011] NSWIRComm 46

Finalised

Macmahon Mining Services Pty Ltd

CSA Mine, Cobar - Fatal head injuries to worker while riding in a kibble in shaft.

Date of incident
Decision date
Offence/allegation details

Contravention of section 19(1) of Work Health and Safety Act 2011.

Status/outcome

Guilty plea.

Further information

Decision: District Court on 19 August 2016 and CCA on 26 February 2019

District Court of NSW judgment: [2016] NSWDC 171

  • Appeal by Attorney General of NSW against inadequacy of sentence
  • Appeal allowed
  • Monetary penalty of $75,000 quashed
  • Replaced with penalty order of $375,000

Supreme Court – Court of Criminal Appeal (CCA) judgment: [2019] NSWCCA 8

Finalised