‘Complexities’ of new laws cited as reason for MLG & Evolution Mining’s not guilty pleas for Mungari injury

The “complexities involved” with new legislation have prompted not guilty pleas to charges relating to a worker’s arm being crushed at a Kalgoorlie-Boulder gold mine, a court has been told. Haulage and crushing contractor MLG Oz and mine operator Evolution Mining each had matters before Kalgoorlie Magistrates Court on Monday. The matters relate to WorkSafe allegations that a heavy diesel mechanic’s arm was crushed at the Mungari gold mine about 20km west of Kalgoorlie-Boulder in April 2022. Both companies submitted written pleas of not guilty to the charge of failing to ensure the health and safety of a worker, causing serious harm to an employee. The charges — which could result in fines of up to $3.5 million — are among the first to be prosecuted by WorkSafe under the Work Health and Safety Act 2020, which came into effect in March 2022. Defence lawyer Anthony Willinge, who appeared for MLG Oz, told the court there were “various issues” and “complexities involved” with the matter given the new legislation. Mr Willinge said his client’s plea was entered after attempts to engage with WorkSafe for a “potential resolution” during which he was told a “brief” for the court not be provided until after a plea was entered. With the not-guilty pleas entered, the court was told defence teams for both companies would receive evidence from WorkSafe by the end of January. The matter is scheduled to come back before the court in March.