Anglo Coal (Moranbah North Management) Pty Ltd v Stone (No 3) [2026] ICQ 3

INDUSTRIAL COURT OF QUEENSLAND CITATION: Anglo Coal (Moranbah North Management) Pty Ltd v Stone (No 3) [2026] ICQ 003 PARTIES: ANGLO COAL (MORANBAH NORTH MANAGEMENT) PTY LTD (appellant) v MARK DOUGLAS STONE (respondent) FILE NO: C/2023/19 PROCEEDING: Appeal DELIVERED ON: 17 March 2026 DELIVERED AT: Brisbane HEARING DATE: The orders were determined on written submissions without oral hearing MEMBER: Davis J, President ORDERS: 1. The conviction is set aside. 2. Anglo Coal (Moranbah North Management) Pty Ltd is acquitted of the following charge: On the 20th day of February 2019, at Moranbah North Mine in Moranbah in the Magistrates Court District of Clermont in the State of Queensland, Anglo Coal (Moranbah North Management) Pty Ltd, ACN 069 603 587, on whom a safety and health obligation was imposed by section 41(1)(a) of the Coal Mining Safety and Health Act 1999 (Qld) did fail to discharge the said obligation, in contravention of section 34 of the said Act AND the said contravention of the said Act caused bodily harm to Vincent Wilson, John Jones, and Mark Barnham 3. There be no order as to costs in either the Industrial Magistrates Court or in this Court. CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – where the appellant was convicted of an offence against the Coal Mining Safety and Health Act 1999 with circumstances of aggravation – where the appellant appealed – where the appellant established that the trial had miscarried – where the decision taken on appeal was suspended – where the matter was remitted back to the -- 1 of 5 -- 2 Industrial Magistrates Court – where no evidence was presented by the respondent on the retrial – where the Industrial Magistrate found the respondent “not guilty” of the charge – whether the respondent ought to be acquitted – where no parties sought orders as to costs Coal Mining Safety and Health Act 1999 (Qld), s 41 Industrial Relations Act 2016 (Qld), s 558 Anglo Coal (Moranbah North Management) Pty Ltd v Stone [2025] ICQ 011, related Anglo Coal (Moranbah North Management) Pty Ltd v Stone (No 2) [2025] ICQ 015, related Maxwell v The Queen (1996) 184 CLR 501, cited SOLICITORS: Ashurst for the appellant Office of Work Health Safety Prosecutor for the respondent [1] Application is made for orders to finalise an appeal against a conviction of the appellant (Anglo) in the Industrial Magistrates Court of an offence against the Coal Mining Safety and Health Act 1999 (CMSHA). Background [2] Anglo, at relevant times, operated the Moranbah North Mine. Bradley Hardwick was a mine worker working at the mine. In an incident which occurred on 20 February 2019 involving an Anderson Wright Cat 120 Grader, Mr Hardwick was killed and other mine workers were injured. [3] Anglo was charged with an offence against the CMSHA. Circumstances of aggravation were also alleged: “On the 20 th day of February 2019, at Moranbah North Mine in Moranbah in the Magistrates Court District of Clermont in the State of Queensland, Anglo Coal (Moranbah North Management) Pty Ltd, ACN 069 603 587, on whom a safety and health obligation was imposed by section 41(1)(a) of the Coal Mining Safety and Health Act 1999 (Qld) did fail to discharge the said obligation, in contravention of section 34 of the said Act AND the said contravention of the said Act caused the death of Bradley Alistair Hardwick AND the said contravention of the said Act caused bodily harm to Vincent Wilson, John Jones, Craig Banks and Mark Barnham.” [4] The charge was tried in the Industrial Magistrates Court. The Industrial Magistrate convicted Anglo of the charge and the circumstance of aggravation that bodily harm was caused to Vincent Wilson, John Jones and Mark Barnham. The Magistrate did not find that the circumstance of aggravation that the breach caused the death of Mr Hardwick had been proved and did not find that the breach had caused bodily harm to Craig Banks. -- 2 of 5 -- 3 [5] On appeal it was held that the trial had miscarried.1 [6] Submissions were made as to the appropriate orders upon the finding on appeal that the trial had miscarried. On 25 August 2025, the following orders were made,2 relevantly here: “… 2. The decision of the Industrial Magistrates Court to convict the appellant3 is suspended until further order of this Court. 3. The further trial of the charge is remitted to the Industrial Magistrates Court to be heard by an Industrial Magistrate other than Industrial Magistrate Quinn with the following directions: 1. The Industrial Magistrate is to determine according to law whether the appellant is guilty or not guilty of the charge with one circumstance of aggravation, namely: “The said contraventions of the said Act caused bodily harm to Vincent Wilson, John Jones and Mark Barnham.” 2. Upon reaching such determination, the Industrial Magistrates Court: (i) is not to acquit the appellant in the event of a finding that it is not guilty; (ii) is not to proceed to sentence the appellant or to take any action upon any finding the appellant is guilty; and (iii) is to refer the matter back to this Court for further proceedings and findings. 4. The costs of the appeal are reserved until further order.” [7] The matter came before the Industrial Magistrates Court on 6 March 2026. What was to be tried was, in effect, the original charge without the circumstances of aggravation relating to Mr Hardwick and Mr Banks. [8] The Industrial Magistrate chose to re-arraign Anglo on the charge without the circumstances of aggravation concerning Mr Hardwick and Mr Banks. Anglo entered a plea of “not guilty” and the respondent offered no evidence in prosecution of the charge. [9] The Industrial Magistrate made the following orders, relevantly here: 1 Anglo Coal (Moranbah North Management) Pty Ltd v Stone [2025] ICQ 011. 2 Anglo Coal (Moranbah North Management) Pty Ltd v Stone (No 2) [2025] ICQ 015. 3 Anglo. -- 3 of 5 -- 4 “IT IS ORDERED THAT: 1. The Defendant4 is not guilty of the charge that: On the 20th day of February 2019, at Moranbah North Mine in Moranbah in the Magistrates Court District of Clermont in the State of Queensland, Anglo Coal (Moranbah North Management) Pty Ltd, ACN 069 603 587, on whom a safety and health obligation was imposed by section 41(1)(a) of the Coal Mining Safety and Health Act 1999 (Qld) did fail to discharge the said obligation, in contravention of section 34 of the said Act AND the said contravention of the said Act caused bodily harm to Vincent Wilson, John Jones, and Mark Barnham. 2. In accordance with the Orders of the Industrial Court of Queensland dated 25 August 2025, the matter is referred back to the Industrial Court of Queensland for further proceedings and findings.” [10] Both parties agree that Anglo should be acquitted of the charge by this Court and there be no order as to costs. Consideration [11] Section 558 of the Industrial Relations Act 2016 concerns the powers of this Court upon various appeals, including ones from the Industrial Magistrates Court.5 [12] As explained in Anglo Coal (Moranbah North Management) Pty Ltd v Stone (No 2),6 where the Court is not in a position, on appeal, to finally determine a charge, the Court must “suspend the operation of the decision”,7 and then remit the matter to the Industrial Magistrates Court. Once the Industrial Magistrate has made appropriate findings, the matter is returned to this Court to be finally determined. [13] The Industrial Magistrate has made the relevant finding, namely one of “not guilty” reflecting a failure of the prosecution to prove the charge. An acquittal is the appropriate judicial action to be taken upon that finding.8 [14] The operation of the “conviction” is currently suspended pursuant to s 558(1)(d) of the Industrial Relations Act and the orders made on 25 August 2025. It is appropriate to now set aside the conviction and order an acquittal. [15] As already observed, neither party seeks an order as to costs. 4 Anglo. 5 Section 558(1)(d). 6 [2025] ICQ 015 at [48]-[52]. 7 Which is here the conviction. 8 Maxwell v The Queen [1996] HCA 46; (1996) 184 CLR 501. -- 4 of 5 -- 5 Orders [16] It is ordered that: 1. The conviction is set aside. 2. Anglo Coal (Moranbah North Management) Pty Ltd is acquitted of the following charge: On the 20th day of February 2019, at Moranbah North Mine in Moranbah in the Magistrates Court District of Clermont in the State of Queensland, Anglo Coal (Moranbah North Management) Pty Ltd, ACN 069 603 587, on whom a safety and health obligation was imposed by section 41(1)(a) of the Coal Mining Safety and Health Act 1999 (Qld) did fail to discharge the said obligation, in contravention of section 34 of the said Act AND the said contravention of the said Act caused bodily harm to Vincent Wilson, John Jones, and Mark Barnham 3. There be no order as to costs in either the Industrial Magistrates Court or in this Court. -- 5 of 5 --