The Court imposed a $120,000 fine (after 25% guilty plea discount from $160,000) on a corporate offender for a Category 2 WHS offence arising from an uncontrolled release of hot bitumen that caused serious burns to a worker who was untrained for the task and not wearing required PPE. The Court found the offence fell well within the mid-range of objective seriousness, driven by multiple systemic failures including absent safe work procedures for the melter, removal of the heat guard, unenforced PPE requirements, and a total failure of supervision in permitting a traffic management worker to perform plant maintenance. The offender failed to discharge its evidentiary onus to establish limited capacity to pay a fine, as the financial evidence tendered was incomplete and internally inconsistent, particularly regarding the proceeds of a recent $5 million business sale and the relationship between the offender and a related family entity.
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