Welcome to HWLE Lawyers’ National Safety Update for October 2026.

In this safety bulletin we present a number of court decisions which demonstrate the broad nature of the concurrent safety duty in every workplace. It is not just one PCBU being pursued, it is a number of PCBU’s and Directors and Officers that are facing Court in safety prosecutions.

New South Wales

Safety spotlight on education sector

Content note: This article contains references to self-harm, and injury impacting young people, which some readers may find distressing.

Recent regulatory action highlights the increasing focus on safety across the education sector. Prosecutions and enforcement activity involving student injuries and workplace investigations demonstrate that education providers must manage both physical and psychosocial risks. The cases reinforce the importance of effective supervision, training, hazard controls and timely workplace processes, particularly in environments where a heightened duty of care is owed to children and young people.

This article was written by Lily Schafer-Gardiner, Special Counsel, and reviewed by Greg McCann, Partner.

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Queensland

Heavy vehicle repair company and director fined

Content note: This article discusses a workplace fatality involving a young person.

A Queensland heavy vehicle repair company and its sole director have been fined following a fatal workplace incident involving a 16-year-old school-based apprentice. WorkSafe’s investigation identified failures in risk assessment, induction, training, and supervision systems for young workers. The company was fined $500,000 for breaching its obligations under the WHS Act, while the director received a $100,000 fine for failing to exercise due diligence. The case highlights the importance of robust safety systems and supervision arrangements, particularly when engaging young workers and apprentices.

This article was written by Greg McCann, Partner, and Shivani Gandhi, Solicitor.

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South Australia

Compliance with WHS Inspectors’ notices critical

Three recent cases in South Australia have emphasised the need for businesses and individuals to comply with directions or notices issued by the Inspectors of the WHS regulator in each state. WHS regulators are enforcing compliance and the courts will take such breaches seriously.

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner. 

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Western Australia

Overlapping WHS duties: Recent prosecutions employers need to know about

Recent WHS prosecutions highlight that businesses cannot contract out of their safety obligations. Charges arising from a fatal cyanide exposure at a Western Australian mine, and prosecutions following a scaffolding failure in Sydney and a masonry screw failure in Queensland, demonstrate how overlapping duties apply across contracting chains. The cases reinforce that each PCBU is assessed on its own capacity to influence and control risk, regardless of another party’s involvement. They also serve as a reminder that consultation must be proactive, contractors and principals retain independent responsibilities, and officers must actively verify that safety systems are in place and being followed.

This article was written by Danielle Flint, Partner, and Jasmyn Joseph, Solicitor.

Click here to read more.