Jumbo Operator Fined $30,000 for Breaching WHS Duties

The Industrial Court of New South Wales has fined a labour hire Jumbo Operator $30,000 plus costs, for breaching his duties under section 28 of the Work Health and Safety Act 2011 (NSW). The breach arose from an incident within the Newcrest Cadia East Underground Mine that resulted in his Offsider sustaining an amputation of his left arm whilst he was changing out a drill rod on a non-isolated boom. Further information on the incident specifically is within this post.  

The Training of the Operator

The Operator had been engaged by Newcrest across varying roles over a 15-year period. He had completed the necessary inductions, permitry and Jumbo training to be deemed and assessed as a competent Operator. This training required the Operator to provide directions and instructions to offsiders assigned to him, required the shut down and the immobilising of the drill rig prior to exiting the cab and when changing drill rods and to also ensure that no workers approach any rotating booms or access the area beyond the front support stabilisers.  

The Submissions of the Operator

The Operator submitted the following to the Court that:

➡️ there is a combined household income of $3,700 net per fortnight with ‘significant ongoing expenses’ from their eight children;

➡️ his personal legal expenses are likely to exceed $25,000;

➡️ he has no assets/properties; however, his wife is the sole proprietor of a residential property that is currently rented out;

➡️ he has a history of depression, and the incident has had a profound effect on him due to his termination of employment from Newcrest and subsequent diagnoses of PTSD; and

➡️ he has moved his family from Orange to Junee (~250kms away) to secure work as a General Station Hand on a sheep farm. 

Consideration of the Court

In determining the matter, the Court took into consideration the Operator’s acceptance for failing in his WHS duties, the PTSD diagnosis and the personal learning from the incident as ‘a modest man’ whilst also balancing the requirement for a general and specific deterrence. A maximum penalty for section 28 offences is $185,923. A fine of $30,000 was imposed, plus costs of the Prosecutor. 

Case note: NSW Resources Regulator v Jones [2026] NSWIC 34