The employer of a farmhand that died riding a quad bike without safety protection has been fined $555,000.

A NEW South Wales farming business has been convicted and fined $555,000 in the Industrial Court of NSW after a farmhand mustering sheep died from injuries sustained in a quad bike accident.

Wumbulgal Agriculture Pty Ltd has been convicted and fined $555,000 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.

SafeWork NSW said Wumbulgal Agriculture Pty Ltd pleaded guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its health and safety duty to workers under section 19(1) of the Act.

The proceedings arose from an incident in February 2023 involving a fatal injury to the worker who was using a quad bike when he struck a mound at speed.

The court also made an order for Wumbulgal Agriculture Pty Ltd to arrange for its workers to undertake a side-by-side vehicle training course and provide evidence of satisfactory completion of the training to SafeWork NSW.

Wumbulgal Agriculture Pty Ltd is a family-owned agriculture business principally engaged in crop and livestock farming. It was founded in 1949 and operates across three properties located at Binya, Yenda and Condobolin in NSW. At the date of the incident the court was told the offender employed or otherwise engaged eight workers in addition to its two directors and managers, Campbell Dalton and his father, James Dalton. Independent NSW Member for Murray Helen Dalton is a half shareholder in Wumbulgal Agriculture Pty Ltd with her husband James.

The court was told the deceased was 82 years of age when the incident occurred at the Yenda property. He had worked for the offender and its proprietors as a farmhand for approximately 33 years. He was an experienced quad bike operator. It was an agreed fact that he was known by the offender to operate quad bikes without wearing a helmet.

The court was told the farmhand employed by Wumbulgal Agriculture Pty Ltd was operating a quad bike while mustering sheep when he struck a mound in the terrain, causing him to become airborne before colliding with the ground. The deceased was not wearing a helmet and sustained a fatal head injury. The quad bike was not fitted with a rollover protection device.

The quad bike involved in the incident was a Honda TRX420 purchased on 25 September 2018. It was not fitted with a seatbelt. At the time of the incident none of the offender’s quad bikes were fitted with rollover protection in the form of an operator protective device (OPD).

SafeWork Commissioner Janet Schorer said SafeWork NSW is urging businesses to ensure they have safe systems of work in place to keep their workers safe when out on the field.

“Quad bikes and side-by-side vehicles are one of the biggest risks on NSW farms and using them unsafely could have deadly consequences that impact entire workplaces, communities and families.

“Risk control measures for working with moving plant and fixed machinery are well known,” she said.

“Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents related to moving plant.”

SafeWork NSW (the prosecutor) initiated proceedings by way of a summons filed on 28 January 2025 which was amended on 29 September 2025. The offender entered a plea of guilty to an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (WHS Act): namely, that it failed to comply with its duty pursuant to s 19(1) of the WHS Act to ensure, as far as is reasonably practicable, the health and safety of workers, and in particular the deceased.

The full judgment against Wumbulgal Agriculture Pty Ltd can be read on the NSW Caselaw website at SafeWork NSW v Wumbulgal Agriculture Pty Ltd – NSW Caselaw.

Wumbulgal Agriculture Pty Ltd has the right to appeal against its sentence.

Workers who have concerns about workplace health and safety can anonymously contact SafeWork NSW on 13 10 50 or through the Speak Up Save Lives website.

Business owners and workers can access a range of resources to help manage the risks of working with plant and machinery on the SafeWork NSW website.