Illawarra Turf Club Ltd (Club) was recently prosecuted by SafeWork NSW in the District Court of New South Wales following a breach of the Work Health and Safety Act 2011 (NSW). The Club was convicted and fined $200,000 in February 2026 after failing to comply with its duty to workers, following serious injuries sustained by an employed hospitality worker who fell 5.2 metres through a skylight while assisting with roof works on a grandstand roof on 22 March 2022.

The Court emphasised that work health and safety (WHS) obligations apply not only to traditional construction environments but also to workplaces where maintenance or occasional construction tasks expose workers to comparable risks.

Background

In SafeWork NSW v The Illawarra Turf Club Ltd [2026] NSWDC 14, maintenance work at the Kembla Grange Racecourse was undertaken by the maintenance manager. On the day of the incident, a hospitality worker, was directed to attend the roof of the grandstand to assist with installing aluminium roof sheeting. Upon arriving on the roof, the hospitality workerwas told that his assistance was no longer required and that he should return to his other duties, taking a cardboard box containing rubbish box from the roof with him. As he moved away from the immediate work area with the cardboard box to exit the roof, he stepped onto a polycarbonate skylight and fell approximately 5.2 metres, obtaining significant on going injuries.

WHS Obligations

The Court’s Considerations

The Court found that the Club had failed to implement height-safety controls, including:

• Edge protection from the roof perimeter;
• Covers or barriers around the skylight;
• Warning signage around the skylight;
• Anchor points to enable harness use, along with competency‑based training;
• A risk assessment, SWMS or safe work procedures;
• Site specific induction materials;
• Supervision; and
• Working‑at‑heights training.

The Court noted that although the Club maintained an injury register and an online WHS document management system, these were inadequate, inconsistently used, and failed to identify or control risks associated with roof access and working at heights.

Post-Incident Improvements

In its assessment, the Court acknowledged the immediate remedial actions taken by the Club to improve safety and rectify these deficiencies. These measures included:

• Engaging an external organisation to oversee WHS compliance;
• Conducting fortnightly Toolbox Talks facilitated by a consultancy firm;
• Assigning a staff member responsibility for Human Resources and WHS;
• Providing working‑at‑heights training to relevant staff;
• Locking and controlling access to the roof;
• Engaging a structural engineer to inspect and report on the roof’s condition;
• Updating SWMS and safe work procedures; and
• Revising position descriptions to ensure workers’ qualifications aligned with their duties.

Key Takeaway

The Court’s decision highlights that WHS duties arise whenever work exposes workers to height-related or fragile-surface risks, regardless of the industry or how infrequently such tasks occur. Organisations must have appropriate safety measures in place to ensure that any worker involved, whether directly or in a supporting capacity, is trained, supervised, and protected against foreseeable risks.

Culture of Safety?

The Court accepted the submission of Safework that the Club:

“did not have a culture of safety at work, at least in relation to its own employees“.

The Court held that:

“To require a completely untrained and unsuitable hospitality employee to work at height, along with an unqualified person who was slightly more suitable, demonstrates an appalling attitude to worker safety.“

The Club faced a maximum penalty of approximately $1.7M, The Court determined an appropriate penalty of $250,000 which was reduced to $200,000, with conviction and an order to pay $40,000 for the legal costs of Safework.

This article was written by Greg McCann, Partner, and Zoe Potter, Law Graduate.