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SafeWork NSW v The Illawarra Turf Club Ltd [2026] NSWDC 14 | Case summary | Zoe

NSWNSWDC

SafeWork NSW v The Illawarra Turf Club Ltd

[2026] NSWDC 14

District Court of NSW|2026-02-26|Before: Russell SC DCJ

View on NSW Caselaw

General information, not legal advice.

At a glance

Source facts

Court

District Court of NSW

Decision date

2026-02-26

Before

Russell SC DCJ

Catchwords

CRIMINAL LAW – prosecution – work health and safety –
duty of persons undertaking business – risk of death
or serious
injury SENTENCE – objective seriousness – mitigating

Source

Original judgment source is linked above.

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Catchwords

CRIMINAL LAW – prosecution – work health and safety –duty of persons undertaking business – risk of deathor seriousinjury SENTENCE – objective seriousness – mitigatingfactors – aggravating factors – plea of guilty – generaldeterrence – specific deterrence – capacity to pay appropriatepenalty COSTS – prosecution costs OTHER –fall through fragile skylight – hospitality worker assisting with roofingworks – no formal working at heightstraining or site-specific safetyinduction training – no risk assessment – no SWMS – noskylight covers –no edge protection – no supervision by a qualifiedperson

Judgment

Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.

Medium Neutral Citation: SafeWork NSW v The Illawarra Turf Club Ltd [2026] NSWDC 14

On 22 March 2022 Mr Coles was installing aluminium roof sheeting over a section of the grandstand roof next to the parapet on the western side (the roofing work). Mr McLeod had assisted Mr Coles with the roofing work on 21 March 2022 and on one day the previous week.
The roofing work was high risk construction work, as defined in cll 289 and 291 of the Work Health and Safety Regulation 2017 (NSW) (the WHS Regulation), in that it was work carried out in connection with the repair or maintenance of a structure that involved a risk of a person falling more than 2 metres from the edge of the grandstand roof to the ground below, or through the skylight to the foyer below.
On 22 March 2022 Mr McLeod was setting up furniture and equipment in a function room.
At approximately 9:20am, Mr McLeod received a message from Mr De Vries to contact Mr Coles. Mr Coles asked Mr McLeod to assist him with the roofing work. Mr McLeod was told by Mr Bandulet that he could not assist Mr Coles, as he was required to finish setting up the function room.
At approximately 10:00am Mr Bandulet received a telephone call from Mr De Vries, directing Mr Bandulet to send Mr McLeod up to the grandstand roof to assist Mr Coles. Mr Bandulet protested this direction, stating that the work being done in the function room needed to be completed. An agreement was reached between Mr De Vries and Mr Bandulet that Mr McLeod would assist Mr Coles after Mr McLeod had completed setting up the function room.
After Mr McLeod finished setting up the function room, he accessed the grandstand roof via the door in the broadcast room.
When Mr McLeod reached the area where Mr Coles was working on the western side of the roof, he was informed by Mr Coles that his assistance was no longer required as there were no more clips to secure the roof sheeting into place. Mr McLeod and Mr Coles then had a conversation next to the work area on the grandstand roof adjacent to the skylight.
At approximately 12:00pm as Mr McLeod was preparing to leave the roof, Mr Coles asked Mr McLeod to take with him a cardboard box with some rubbish, which was located on the parapet next to the work area. While attempting to leave the work area in the direction of the doorway, Mr McLeod fell approximately 5.2 metres through the skylight, landing on the tiled floor of the foyer below.

Prior to the incident, there was no fall protection installed on the grandstand roof or around the perimeter of the roof.
There was no edge protection, such as barricades or secured guardrails, installed around the perimeter of the grandstand roof.
On the day of the incident, one harness with rope attached was available for use by workers, but it was not worn by either Mr Coles or Mr McLeod. There were no secure attachment points for the harness on the grandstand roof. Neither Mr Coles nor Mr McLeod had received any training in the use of the harness.
There was no fixed or temporary cover over the skylight, which was structurally capable of supporting persons. There were no temporary skylight covers at the site available to workers. Neither Mr Coles nor Mr McLeod were required by Illawarra Turf to install a temporary cover over the skylight prior to commencing work on the grandstand roof.
There were no fixed or temporary barriers installed around the skylight to prevent access by workers on foot on the grandstand roof. There was available some movable, temporary fencing which was usually used by Illawarra Turf to restrict access by persons to certain areas of the site. This was too big and heavy to be moved onto the roof. Neither Mr McLeod nor Mr Coles were required by Illawarra Turf to install temporary fencing, or any other temporary barriers, around the skylight prior to commencing work on the grandstand roof.
There were no markings or signage on the grandstand roof warning persons of the risk of falling through the unprotected skylight and identifying the area around the skylight as a “no go” zone.
Illawarra Turf did not undertake a risk assessment prior to allowing workers to undertake work on the grandstand roof.
Mr McLeod and Mr Coles were not provided with a safe work method statement (SWMS) or other safe work procedure in relation to accessing and carrying out maintenance work on the grandstand roof. Illawarra Turf did not provide Mr McLeod or Mr Coles with a general SWMS in relation to working at heights at the site.
The maintenance work being undertaken by Mr McLeod and Mr Coles on 22 March 2022 was high risk construction work as defined in cl 291(a) of the WHS Regulation, as it involved the risk of a person falling more than 2 metres from the edge of the grandstand roof or through the skylight. A documented SWMS for the maintenance work was required to be prepared prior to work commencing, pursuant to cl 299 of the WHS Regulation.
Mr McLeod and Mr Coles were not required by Illawarra Turf to be adequately qualified to work at heights. Neither Mr McLeod nor Mr Coles had received any formal working at heights training. Mr McLeod did not have any prior experience working at heights, nor any experience in construction work generally.
Workers undertaking work on the grandstand roof were not supervised by an adequately qualified person. On the day of the incident, there was no person present on the grandstand roof who had received formal working at heights training.
Workers undertaking work at the site were not provided with site-specific safety induction training before commencing work. Workers required to undertake work at heights at the site were not provided with a site-specific working at heights induction. Neither Mr McLeod nor Mr Coles received a general induction or a working at heights induction for the site when they commenced employment with Illawarra Turf.
Illawarra Turf had an Online WHS Management System (WHS system) which incorporated policies, SWMSs, and other safety documents developed by Racing NSW. The WHS system was not regularly used by workers, including Mr McLeod, Mr Coles and Mr De Vries.

SafeWork NSW’s Code of Practice “Managing the risks of falls at workplaces” dated August 2019 (Managing Falls COP) refers (at p 10) to the requirement to provide information, training or instruction to workers which includes:
The proper use, wearing, storage and maintenance of PPE
The hazards and risks associated with work performed at heights
How to follow health and safety procedures associated with this work, including the contents of any SWMS
The reasons fall protection measures have been put in place and how to use them properly
The Managing Falls COP emphasises (at pp 15-16) the importance of inspecting holes and openings requiring guarding and surfaces, including an assessment of their stability, fragility or brittleness and their strength or capability to support loads. It also recommends particular attention be paid to “a fragile surface, for example ... skylights”.
The Managing Falls COP states (at pp 23-24) that a fall prevention device, such as a secure fence or cover, must be used to provide and maintain a safe system of work where persons are working near and around holes, penetrations and openings through which a person could fall. If a cover is used as a control measure, it must be made of a material strong enough to prevent people or objects falling through the hole, penetration or opening and should be securely fixed to prevent dislodgement or accidental removal. It suggests a cover should also include warning signage indicating its purpose as a cover.
The Managing Falls COP states (at pp 39-41) that guardrails provide effective fall prevention around openings in floor and roof structures, and safety mesh is designed to prevent internal falls through a roof, although it suggests safety mesh should always be combined with other control measures, such as guardrails or fall arrest systems.
The Managing Falls COP states (at pp 42-45) that restraint techniques, such as anchorage, lanyard, and harness systems, can be used to physically prevent workers from reaching a position at which there is a risk of fall. However, it emphasises that restraint techniques should only be used if it is not reasonably practicable to minimise the risk of a fall by using a fall prevention device, such as providing a physical barrier.
SafeWork NSW’s Code of Practice “Construction Work” dated August 2019 (Construction COP) states (at pp 25-29) that a PCBU must prepare a SWMS, or ensure a SWMS has been prepared, before high risk construction work starts. The SWMS should provide clear direction on the control measures to be implemented and must take into account the site where the high risk construction work is being carried out, the work environment, and the workers carrying out the work. The PCBU must also put in place arrangements to ensure the work is carried out in accordance with the SWMS.
The Construction COP states (at pp 33-36) that a PCBU must provide relevant information, training, instruction and supervision to workers, including workplace specific induction training about work health and safety issues and safe work practices specific to the workplace. Task-specific training may also be necessary to ensure the worker has the relevant information and instruction to undertake a particular activity. For example, a worker required to work at height should be provided with training on how to use fall protection measures available at the site. A PCBU must also provide workers with adequate supervision to ensure the work is carried out in accordance with relevant policies, procedures and the SWMS.
WorkCover NSW’s (now SafeWork NSW) Code of Practice “Safe Work on Roofs - Part 1: Commercial and Industrial Buildings” dated 2009 (Roofing COP) provides guidance on the planning, preparation and conduct of work for the installation and maintenance of roofs.

Safe Work Australia’s “Safe Work on Roofs” Information Sheet dated January 2016 provides specific guidance (at pp 2-3) on workers being at risk of falling through roofs due to fragile surfaces such as “polycarbonate or plastic commonly used in skylights” and control measures to manage the risk, including using barriers such as guardrails or covers that are secured and labelled.
On 14 September 2018 SafeWork NSW issued a safety alert titled “Falls through skylights and plastic roof sheeting” (the safety alert).
The safety alert discusses the risks of working on roofs with skylights or plastic roof sheeting and specifically envisaged that a skylight could become discoloured, making it hard to see and distinguish from the surrounding roof structure.
The safety alert recommends that an inspection be carried out before commencing work on an existing roof to determine the presence and condition of skylights, plastic roof sheeting and other brittle roof sheeting, and the presence and integrity of safety mesh.
The safety alert also suggests control measures to prevent a person falling through a fragile roof or skylight, including:
Planning work to avoid accessing non-trafficable areas; and
Installing barriers, such as guardrails or covers, that are secured and labelled with warning signs.
On 24 January 2020 SafeWork NSW published an Incident Information Release on its website (Fall Through Skylight Release) which detailed an incident on 6 December 2019 where a worker suffered critical injuries when falling through a skylight at a school in Croydon, NSW.
The Fall Through Skylight Release makes recommendations consistent with the safety alert, and suggests that a pre-work inspection of the roof should be carried out to determine the suitability of any existing anchor points.
On 14 February 2020 SafeWork NSW published an Incident Information Release on its website (Fall Through Roof Release) which detailed an incident on 9 January 2020 where a worker suffered fatal injuries after falling through a fibro roof at Wollongong, NSW. The Fall Through Roof Release makes recommendations consistent with the safety alert and the Fall Through Skylight Release.

After the incident Illawarra Turf implemented the following:
Engaged the services of a third-party organisation to look at the work health and safety issues at Kembla Grange Racecourse
Fortnightly online toolbox talks conducted by a consultancy firm attended by all Illawarra Turf managers, including Mr De Vries, Mr Bandulet, and Mr Coles
A new position within Illawarra Turf was drafted to include human resources and WHS responsibilities, including providing training to the Board of Directors in relation to their WHS duties
Workers involved in working at heights, including Mr Coles, were required to attend working at heights training
The door that leads to the grandstand roof is permanently locked, with the only keys being held by Illawarra Turf’s Chief Executive Officer and its Maintenance Manager
A structural engineer was engaged by Illawarra Turf to attend the site and provide a report on the roofs, as well as the procedures being put in place regarding the locking of the doorway that leads to the grandstand roof
Improved its SWMS and safe work procedures in respect of working at heights, including working on roofs
Reinforced the separation of kinds of work that do not fall within the skills and qualifications of workers, such as bar staff performing work at heights when it does not fall within their duties or responsibilities.
Additionally, Illawarra Turf undertook the following measures in respect of the wellbeing of its workers, including Mr McLeod:
Contacting emergency services and SafeWork NSW shortly after the incident occurred
Assisting Mr McLeod to lodge a workers compensation claim with iCare
Offering Mr McLeod a job with Illawarra Turf to return to work once he was fit to do so (although this was declined by Mr McLeod)
Making its pre-existing Employee Assistance Program available to any workers affected by the incident
Paying Mr McLeod a portion of his wage, following the cessation of his workers compensation payments, which as at September 2025 exceeded $33,000.

The defendant was convicted at the sentence hearing on 17 February 2026.
Part 3 Division 2 of the CSP Act deals with Victim Impact Statements. The provisions apply to an offence being dealt with summarily by the District Court where the offence results in the death of, or actual physical bodily harm to, any person – s 27(2)(a).
By s 28(1) a primary victim may prepare a statement that contains particulars of the following suffered as a direct result of the offence:
Any personal harm
Any emotional suffering or distress
Any harm to relationships with other persons
Any economic loss or harm that arises from any matter referred to in (1) – (3) above.
A Victim Impact Statement may be tendered to the court only by the prosecutor – s 30A(2). A court must accept a Victim Impact Statement tendered by a prosecutor if the statement complies with the requirements of the Division – s 30B. A victim to whom a Victim Impact Statement relates may read out the whole or part of their Victim Impact Statement – s 30D(1).
A court to which a Victim Impact Statement has been tendered must consider the statement at any time after it convicts but before it sentences, and may make any comment on the statement that the court considers appropriate – s 30E(1).
SafeWork tendered a Victim Impact Statement from Mr McLeod dated 2 February 2026 (PX 2).
Mr McLeod said that four years later he still suffers from right shoulder pain. He cannot sleep on his right side and he cannot lift anything above his head. He has restricted mobility in the right shoulder, the neck and the back.
His sight has deteriorated and he suffers from headaches. He avoids driving at night. He has received 19 injections into his right eye to stop the bleeding behind the eye. He has developed severe tinnitus which affects him daily.
Mr McLeod suffers from broken sleep and finds it difficult to concentrate. He is being treated professionally for depression, anxiety and vulnerability, for which he takes medication.
Mr McLeod’s disabilities affect him daily. Sometimes he struggles to get out of bed with no motivation. He suffers regular flashbacks and nightmares. Mr McLeod said that his trust in people has diminished. The relationship with his wife has been tested. His mood swings and mental state have put a strain on his marriage.