Introduction
Accused: Orbit Drilling Pty Ltd ABN / ACN: 078 788 735
Industry: Manufacturing, Logistics and Agriculture  Accused Type: Company (ACN)
Date of Offence: 09/12/2006 Date of Determination: 09/11/2009
Incident: Fatalities Judge / Magistrate: C Rozencwajg
Incident Summary: Orbit Drilling Pty Ltd ("Orbit Drilling") is involved in the exploration, excavation and drilling works of premises that are suspected of containing gold deposits, one such premises being at Conbinane, Victoria. Martin John Smith is the director of Orbit Drilling. On 9 December 2006, an employee of Orbit Drilling was killed when the truck that he was driving went out of control on a steep slope and overturned crushing the employee. It is alleged that the brakes of the truck were defective and that this was known to the supervisor of the crew, Maurice Barton and to the knowledge of the company. It is alleged the employee was inexperienced in operating such a vehicle on a steep slope and was not instructed, trained or supervised to operate the vehicle safely.
Court Number: X03648943 Jurisdiction: Magistrates Court

Charges
Act & Section [Maximum Penalty] Count(s)
OH&S Act 2004 - s 32 A person recklessly endangered persons at a workplace [1800 penalty units &/or a term of imprisonment not exceeding 5 years individual 9000 penalty units body corporate] Indictable offence triable summarily 1
Plea: Guilty Fine:
Result: Committed to trial