A young volunteer suffered serious head injuries after an unsupervised horse became spooked in August 2023. On 5 February 2025, the Maroochydore Magistrates Court dealt with the horse-riding business’s guilty plea to a Queensland WHS offence arising from the incident. The orders included an adverse publicity order and a one-year court-ordered undertaking backed by a $5,000 recognisance.
What happened
On 26 August 2023, a 15-year-old volunteer was asked to retrieve a horse from a paddock. The volunteer attempted to ride the horse without a saddle or helmet while the business operator was not supervising. The horse became spooked and threw the volunteer to the ground, where she struck her head.
The volunteer suffered a fractured skull, a serious brain injury and a head wound. The regulator’s summary says she was in a coma for five days and remained in hospital for a lengthy period.
What the court found
The business operator pleaded guilty to breaching section 32 of the Work Health and Safety Act 2011 (Qld), relating to a failure to comply with a primary health and safety duty. The operator accepted that the risk of falling from a horse had not been eliminated or minimised so far as was reasonably practicable, and that control measures identified by the prosecution ought to have been implemented.
The court had regard to the Horse riding schools, trail riding establishments and horse riding establishments Code of Practice 2002 and the Children and young workers Code of Practice 2006 when considering the risks and reasonably practicable measures.
The court made an adverse publicity order requiring the operator to send a notice about the offence, penalty and importance of health and safety duties to 10 similar businesses on the Sunshine Coast. It also released the operator on a one-year undertaking not to commit an offence against the Act, backed by a $5,000 recognisance. The recognisance was a condition of the undertaking, not a fine.
The proceeding was adjourned for further hearing. The regulator’s summary later records that the operator complied with the undertaking and that the court discharged the operator from it on 12 February 2026.
Why this matters to business managers
Horse-related work can involve serious fall risks, including during a task that may seem routine, such as retrieving an animal. Where young or inexperienced people are involved, managers need to consider their capabilities, the task, the environment and the level of supervision required. Calling someone a volunteer does not remove the need to consider the work-related risks they may face.
The case also shows why controls need to be selected for the actual task and reliably put into practice. Relevant codes of practice can help managers identify hazards and assess suitable controls; they should not be treated as a substitute for considering the specific circumstances of the work.
What safety managers and supervisors should take note of
- Identify fall risks across the whole task, including approaching, handling, retrieving and moving horses—not just during a planned riding activity.
- Set clear limits on who may handle or ride a horse, and which tasks they may perform, taking account of age, experience and capability.
- Establish and check supervision arrangements before assigning work to volunteers or young workers.
- Make sure task rules and required protective equipment are understood and followed. Check that equipment is suitable and available before work begins.
- Use relevant codes of practice to inform risk assessments and control selection, then document the controls and how they will be monitored.
- Review arrangements when work changes, after a near miss or incident, and when checks show that a control is not working as intended.
These are practical safety considerations, not legal advice. Managers should assess the risks in their own workplace and confirm the controls needed for their activities.
Case timeline
- Incident date: 26 August 2023.
- Court decision date: 5 February 2025.
- Later court outcome: The regulator’s summary records discharge from the undertaking on 12 February 2026.
- Publication date: Not stated in the regulator summary.
Source information
- Regulator/source: Workplace Health and Safety Queensland.
- Source type: Regulator summary; no court judgment or sentencing remarks were attached to the source material reviewed.
- Decision date: 5 February 2025.
- Source URL: https://www.owhsp.qld.gov.au/court-report/sole-trader-failed-minimise-risk-falls-horses-teenager-seriously-injured