NSW Farm Operator Fined $555k After Fatal Quad Bike Incident

Wumbulgal Agriculture Pty Ltd has been convicted and fined $555,000 in the Industrial Court of NSW following a SafeWork NSW prosecution over a fatal quad bike incident in February 2023.

The incident occurred when a worker operating a quad bike struck a mound at speed, sustaining fatal injuries. The case underscores the significant risks associated with quad bikes and other mobile plant when safe systems of work and appropriate risk controls are not in place.

Wumbulgal Agriculture Pty Ltd pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 (NSW), for failing to comply with its primary duty of care to workers under section 19(1) of the Act. The Court found that the business had not adequately managed the hazards linked to quad bike use on the property.

In addition to the substantial fine, the Court ordered Wumbulgal Agriculture Pty Ltd to arrange side-by-side vehicle training for its workers and to provide SafeWork NSW with evidence that the training had been satisfactorily completed. This direction reflects the Court’s focus on practical competency, training and supervision as core elements of an effective WHS management system.

The full judgment, SafeWork NSW v Wumbulgal Agriculture Pty Ltd, is available on the NSW Caselaw website and provides detailed reasoning about the nature of the WHS breaches and the sentencing outcome.

Wumbulgal Agriculture Pty Ltd retains the right to appeal the sentence imposed by the Industrial Court of NSW.

SafeWork NSW has reiterated that businesses must implement and maintain safe systems of work, supported by clear WHS policies and procedures, when workers are operating quad bikes, side-by-side vehicles and other moving plant. Formal tools such as Safe Work Method Statements (SWMS) for high-risk activities and comprehensive WHS management systems can help identify hazards, assess risks and ensure appropriate control measures are implemented. For example, structured WHS documentation and procedures are available commercially, such as those offered by specialist providers including WHS management systems and SWMS templates.

SafeWork Commissioner Janet Schorer stressed that quad bikes and side-by-side vehicles remain among the most significant hazards on NSW farms, and that unsafe use can have devastating consequences for workers, families and regional communities. She emphasised that risk control measures for moving plant and fixed machinery are well established, and that thorough risk assessment, appropriate training, and implementation of safe systems of work are essential to reducing serious incidents.

Workers who have concerns about health and safety in their workplace can raise issues anonymously by contacting SafeWork NSW on 13 10 50 or via the Speak Up Save Lives online portal. Business owners and workers can also access extensive guidance material and practical tools on the SafeWork NSW website to help manage plant and machinery risks and strengthen their WHS compliance.