Family agriculture business receives training order following quad bike fatality

A recent prosecution in New South Wales has resulted in a family-owned agriculture business being fined $550,000 and receiving a substantial training order relating to a fatality arising out of the use of a quad bike (SafeWork NSW v Wumbulgal Agriculture Pty Ltd [2026]).

The incident

The business, principally engaged in crop and livestock farming, owned three quad bikes for use in its operations. On 3 February 2023, an 82-year-old farmhand, who had been employed with the business for more than 30 years, was operating one of the business’ quad bikes while mustering sheep. The farmhand was an experienced quad bike operator but known by his employer to neglect to wear a helmet, and was not wearing one on this occasion.

The quad bike struck a mound in the terrain, causing the farmhand to become airborne before colliding with the ground, sustaining a fatal head injury.

The quad bike being operated by the farmhand was not fitted with rollover protection to protect against crush injuries despite this being a requirement for all new and second-hand quad bikes supplied for use in Australia since October 2021. The business also failed to provide formal training to its workers in the safe operation of quad bikes.

Following the incident, the business ceased using quad bikes in its operations and mandated the use of helmets while riding a motorcycle, side-by-side vehicle (SSV) or horse. The business also introduced written policies governing the use of SSVs, motorcycles and horses, and implemented an emergency response procedure.

The judgement

The business pleaded guilty to a Category 2 offence under section 32 of the Work Health and Safety Act 2011 (NSW) on account of its failure to ensure workers were not exposed to a risk of death or serious injury as a result of a collision or rollover while operating a quad bike.

In sentencing the business, the Court noted that on three prior occasions the business had accessed training and financial assistance under the NSW Government’s Quad Bike Safety Improvement Program, for the purchase of a helmet, rollover protection device and an SSV. The Court found that the business, which had to participate in an educative interaction before qualifying for the government program, knew about the risks arising from the operation of quad bikes and the measures available to minimise risk. Despite this, the business failed to mandate the use of helmets while operating quad bikes and had also removed the rollover protection device that had been purchased under the Quad Bike Safety Improvement Program and fitted to one of its quad bikes (albeit not the vehicle used by the deceased).

The Court fined the business $740,000, which was reduced to $550,000 due to the business’ early guilty plea.

The Court also made a training order for all workers to undertake a training course addressing the safe operation of SSVs, pre-start and shut-down procedures, routine checks and maintenance. While training orders are not frequently made in New South Wales, the Court found the order was warranted in this case given the business had previously participated in the Quad Bike Safety Improvement Program and was made aware of the risks arising from the operation of quad bikes but had still failed to implement basic safety measures.

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