Barry Fludder death: No charges to be laid after Cape Hillsborough electrocution tragedy

More details can be revealed regarding the Workplace Health and Safety investigations into the electrocution of a grey nomad at a Qld property.

Barry Fludder died in 2023 while staying on a Cape Hillsborough property owned by Michele and Dwayne Shea who also operated The Old Station Teahouse on the same block. The tea house shut down, seemingly without explanation, also in 2023. Picture: Heidi Petith

No charges will be laid after a grey nomad was electrocuted on a Cape Hillsborough property while fixing a leaking water pipe at the owner’s request.

Workplace Health and Safety prosecution have confirmed no laws were broken in relation to the 2023 tragedy.

It was recently revealed his partner won her fight for worker’s compensation following his death.

Barry Fludder and his fiancee Tracey Foord made their way to the Cape Hillsborough property on May 12 after responding to a Facebook post calling for a casual worker to help out with about 10 hours of maintenance work to help ready it for sale.

The property was owned by Michele and Dwayne Shea who also ran the Old Station Tea House, just north of Mackay, with the couple offering a place to park up, as well as electricity and water access for the work.

The Old Station Teahouse along Cape Hillsborough Rd in Ball Bay shut down, seemingly without explanation. Picture: Heidi Petith

On May 16, 2023, four days after arriving, Mr Fludder was electrocuted while fixing a leaking water pipe.

Emergency crews were called to the Cape Hillsborough Rd address about 1pm but tragically the 50 year old died at the scene – Ms Foord found him hours after he had suffered a fatal shock while working alone.

Ms Foord had applied for workers compensation which was rejected with the Worker’s Compensation Regulator arguing Mr Fludder was not a “worker” under the relevant legislation.

However Industrial Commissioner Roslyn McLennan, who presided over the matter in the Queensland Industrial Relations Court, found the Facebook post contained “elements of an offer of electricity, water and a place to park up in return for 10 hours help a week”.

IC McLennan found Mr Fludder did perform work on the Shea’s property, consistent with the terms agreed and that he had likely been fixing the water pipe at the Shea’s request. IC McLennan allowed Ms Foord’s compensation to be accepted.

In giving her finding IC McLennan also revealed as of October 2024 the death was part of an ongoing WHSQ investigation.

Workplace Health and Safety Queensland confirmed its investigation was finalised and referred to the Office of the Work Health and Safety Prosecutor for consideration.

An Office of the Work Health and Safety Prosecutor spokesman said after they had “carefully considered the brief of evidence” regarding Mr Fludder’s death and after reviewing the Director’s Guidelines “no case contrary to the Electrical Safety Act 2002 was commenced”.