The Court convicted a small geotechnical company of a Category 2 WHS offence under s 32 of the WHS Act for failing to implement exclusion zones, designate a spotter, and enforce harness use during tree felling works, resulting in a worker being catapulted from an EWP basket. The offence was assessed as approaching mid-range objective seriousness, with a pre-discount fine of $300,000 reduced by 25% to $225,000 for an early guilty plea. The Court noted that bare compliance with s 155 notices, without evidence of cooperation beyond legal obligation, is not ordinarily a mitigating factor, and observed that prosecutors ought to disclose costs claims to offenders at least one week before sentencing hearings.
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