In March 2026, mining company, Mastermyne Crinum Operations (MCO) was found guilty of the industrial manslaughter of a 62-year-old mineworker who tragically died at MCO’s Bowen Basin coal mine after a roof collapsed while he was working in an underground mine in 2021. In May 2026, MCO was sentenced with a $7million fine, along with a conviction and costs order of $300,000.[1]
This is the first successful prosecution of industrial manslaughter brought under Queensland’s new legislation established under the Coal Mining Safety and Health Act 1999 (Act). This legislation came into effect in 2020, extending the offence to the mining industry and allowing senior leadership to be held personally liable for industrial manslaughter.
We discuss the current legal landscape and the key findings of the case below.
The current legal landscape
Industrial manslaughter is a legislated offence in all Australian states and at the Commonwealth level. However, the relevant legal tests and maximum penalties vary across jurisdictions. The aim of the legislation is to promote compliance with occupational health and safety obligations.
Industrial manslaughter occurs when an employee dies because of an employer’s negligence, which may be a positive act or an omission. Employers must exercise a duty of care to the standard of a reasonable person in ensuring that employees are protected from preventable harm. The legislation includes requirements for the maintenance of safety procedures and systems that ensure a safe work environment for employees.
In Victoria, the Occupational Health and Safety Act 2004 governs industrial manslaughter laws. The maximum penalty for individuals is 25 years imprisonment and companies can face fines of up to $16.5 million.
Key facts of the case
Miner Graham Dawson was working at the Crinum underground mine site when a roof collapsed onto him, causing fatal injuries and sadly leading to his death. Another miner was also seriously injured in the collapse.
The Mining and Energy Union (MEU) investigated the incident and determined that MCO had inadequate strata control systems. They attributed the incident to MCO’s negligence, concluding that MCO breached their duty of care to maintain a safe work environment for employees. Subsequently, MCO was charged with industrial manslaughter.
MCO pleaded not guilty, which led to the matter going to trial. The jury subsequently found MCO guilty of industrial manslaughter by a majority verdict.
The Court ultimately found that its criminal negligence contributed significantly to Mr Dawson’s death, and imposed a $7million fine, conviction and $300,000 costs order. Currently the maximum available penalty under the QLD legislation is about $13.8million.
Two of MCO’s managers are also facing safety charges, with those matters yet to be determined.
The penalties in this case represent the highest fines awarded to date across Australia.
The previous highest penalty for industrial manslaughter was $3million imposed on Brisbane Auto Recycling Pty Ltd in Queensland.[2]
Takeaways for employers
This case reinforces that gaps in safety systems are not just compliance issues, they are criminal risks, with significant financial penalties and potential personal liability for senior leaders. This risks of getting it wrong could also endanger someone’s life.
If you would like support in understanding your safety obligations or assessing your current risk exposure, please contact HR Legal for tailored, practical advice.
[1] R v Mastermyne Crinum Operations Pty Ltd [2026] QDCSR 160.
[2] R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113 [132].
