Sydney company Custom Bus Group criminally charged over death of Tuaese Taufa

Young father Tuaese Taufa was crushed to death while at work in Sydney’s west. Two years later, the company that employed him has been criminally charged.

A Sydney company has been criminally charged after a young worker was crushed to death while driving a forklift.

Tuaese Taufa was killed in May 2022 when the forklift, which was carrying a pallet of sheet metal, crashed and tipped onto him at St Marys-based Custom Bus Group.

Mr Taufa was 31.

The Daily Telegraph understands the new father did not have a high-risk work licence. This has yet to be proven. Such a licence is a legal requirement to operate a forklift.

The Telegraph can reveal SafeWork NSW has commenced proceedings in the District Court against Custom Bus Group.

Tuaese Taufa was killed in a forklift crash in 2022. Picture: Facebook

The company has been charged with one count of the breaching section 19 of the Work Health and Safety Act.

SafeWork is pushing for the death to be punished as a second-tier category two offence. The potential penalty is nearly $2 million.

Mr Taufa was crushed when this forklift toppled over. Picture: SafeWork NSW

Category one offences involve gross negligence or recklessness and can attract double the fine.

The case is listed for a first mention in the Downing Centre on June 3.

“As the matter is currently before the court, no further comment can be made at this time,” a SafeWork spokeswoman said.

The Telegraph contacted Custom Bus Group for comment prior to publication.

Its sole director and shareholder is Scott Dunn, who was also contacted.

Neither the company nor Mr Dunn responded prior to deadline.

Scott Dunn (right) in 2022 with Jo Heylen and Anoulack Chanthivong, who are now NSW government ministers. Picture: Supplied

The charge over Mr Taufa’s death is against the company, not Mr Dunn personally, and has yet to be proven.

Authorities have informed Mr Taufa’s widow about the prosecution. She did not wish to comment on Thursday.

At least 10 people have been killed in forklift accidents in NSW over the past five years.

The most recent occurred at a factory in Griffith in January.

From July this year, the maximum penalty for a category one offence under the Work Health and Safety Act will be increased from five years’ imprisonment for an individual and a fine of $4m for a corporation to 10 years’ jail and a $10.4m fine for a company.

The NSW government is also looking to introduce industrial manslaughter laws; six other states and territories, including Queensland, have done so already.

A recent NSW parliamentary research service report said only two successful industrial manslaughter prosecutions have been finalised. Both were forklift deaths in Queensland.

The drivers were unlicensed and there were no documented safety systems.

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