Company part-owned by NSW MP Helen Dalton fined $555,000 over worker's death

A company half-owned by independent NSW MP Helen Dalton, has been fined more than half a million dollars over the death of a worker in a quad bike accident, despite previously receiving government funding to address the safety risks that led to his death.

Justice Ingmar Taylor handed down his judgement relating to the February 2023 incident in the state's Industrial Relations Commission this morning, imposing a $555,000 fine on Wumbulgal Agriculture Pty Ltd for a breach of the Work, Health and Safety Act.

According to NSW Parliament's 2024-2025 Register of Disclosures, Ms Dalton was employed as a farmer at Wumbulgal Agriculture and also held half shares in the company with her husband, James Ignatius Dalton, who is a director and manager of the enterprise, along with son Campbell Dalton.

The commission heard the 82-year-old worker, who had been employed by the company for more than 30 years, and was an experienced quad bike operator, was mustering sheep on a property at Yenda in the state's Riverina region when he struck a mound, became airborne and then collided with the ground.

Justice Taylor said the deceased was not wearing a helmet and the quad bike was not fitted with a rollover protection device.

"The risk was well-known," he said.

The commission heard Wumbulgal Agriculture owned three quad bikes at the time, and none were fitted with rollover protection also known as an operator protection device (OPD).

It also noted that since October 2021, all new and second-hand imported quad bikes supplied for use in Australia must be fitted with an OPD.

Justice Taylor said between 2016 and 2017, Wumbulgal Agriculture had applied and received three rebates from the state's Quad Bike Safety Program, to purchase a helmet, OPD and a side-by-side vehicle (SSV), which is a farm vehicle equipped with seatbelts and a roll cage.

"It is remarkable that the offender obtained funding … to assist it to address the very risks it later permitted workers to assume," he said.

The commission heard the deceased had been a life-long friend and mentor to Campbell Dalton and the death had caused profound grief.

Justice Taylor said since the incident, Wumbulgal Agriculture has ceased to use quad bikes, and helmets must now be worn when using SSVs, motorcycles and horses.

He said the company's central failure was permitting workers to decide for themselves whether to wear a helmet, as well as allowing workers to operate quad bikes without rollover protection.

Wumbulgal Agriculture has also been ordered to arrange a SSV training course within six months and to pay prosecuting authority, SafeWork NSW's costs.

The ABC has contacted Ms Dalton for comment.