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Lindsay Australia charged with safety duty offences after Qld tragedy

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The National Heavy Vehicle Regulator (NHVR) has filed charges in Coffs Harbour Local Court following an investigation into an incident in Tanah Merah, Qld, in November 2018 that resulted in the death of a driver.

Lindsay Australia informed the Australian Securities Exchange (ASX) the proceedings are issued against Lindsay Transport Pty Ltd and Lindsay Brothers Management Pty Ltd.

The two linked companies based in Brisbane, with a depot in Boambee, NSW, have each been charged with two Category 1 safety duties offences and one Category 2 safety duties offence under the Heavy Vehicle National Law (HVNL).

Category 1 offences carry a maximum penalty of $3,364,540 for a corporation, and  Category 2 offences carry a maximum penalty of $1,682,260 for a corporation.

“The offences are alleged to have occurred between 30 September 2018 and 14 November 2018 at Boambee NSW, and relate to an accident and consequential fatality of a Lindsay employee at Loganlea Qld on 14 November 2018,” said Lindsay’s ASX statement.

“Relevant authorities including Queensland police inspected the accident site and company equipment.

“The company has duly assisted and responded to all enquiries made by authorities but is not aware of the outcome of those investigations.

“The company is determining its response to the proceedings.”

NHVR executive director Ray Hassall said that the charges were a result of an extensive and complex investigation and carry significant penalties.

“This was a tragic incident in which somebody lost their life,” said Hassall.

The Lindsay truck was heading west on the motorway and rolled over a concrete barrier, falling about 10 metres into a cemented culvert area.

Police said the crash happened at Tanah Merah about 11:30pm on Tuesday, but police were not notified until 10:40am (AEST) the following morning.

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