Camden Council fined $750,000 after Men’s Shed Member fatality

A Men’s Shed member tragically died in 2018 after volunteering to help lay a pipe at a council-run equestrian centre on the outskirts of Sydney.

Camden Council has been fined $750,000 after a Men’s Shed member was tragically killed while helping to install an irrigation pipe.

The council was investigated after the incident in 2018 by SafeWork NSW and pleaded guilty to a breach of the Work Health and Safety Act in the NSW District Court.

The horrific incident occurred on July 3 at the Bicentennial Equestrian Park when untrained Men’s Shed volunteers, including Garry Todhunter and Ronald Gunn, tried to move a 500-metre length of irrigation pipe by towing it with a tractor.

Facts laid out in the District Court judgment revealed no one but the Men’s Shed was tasked with the laying of the pipe, and there were no council employees supervising the installation of the irrigation pipe.

As part of the task, the volunteers had to guide the long pipe around bends in order to place it in the right position.

Camden Council has been fined $750,000 after a member of a local Men’s Shed was killed installing irrigation pipe at the Camden Bicentennial Equestrian Park in 2018. Picture: Google

Mr Todhunter and Mr Gunn were using crowbars to assist in moving the pipe around the bend as it was getting caught on the star pickets.

As the pipe moved over the star picket, it struck Mr Todhunter in the back of the head, knocking him to the ground.

Mr Gunn was standing on the inside of the pipe which was on top of him and dragged him towards the fence on the western side of the road.

Mr Gunn was able to push the pipe off his back, but he sustained grazes to his left hand and right elbow.

However Mr Todhunter needed to be transferred to Liverpool Hospital by air ambulance as he had sustained serious head injuries, including a skull fracture.

An emergency decompressive craniotomy was performed, but Mr Todhunter’s condition did not improve and he died on July 10, 2018.

In December 2021, The NSW District Court found the risk of being struck by the pipe was foreseeable and Camden Council failed to implement safety systems or conduct a risk assessment for the project.

Garry Todhunter (not pictured) died after he was struck by a pipe while working at Camden Bicentennial Equestrian Park (file photo). Picture: Ian Svegovic

The court also found the volunteer was not qualified or trained to perform the work and the purported supervisor of the project had no qualifications in irrigation work or use of heavy plant.

During court proceedings, Mr Todhunter’s widow, Gloria Todhunter, and daughter, Christy Todhunter, made victims impact statements.

“One could not help but be moved by the beautiful words that were said about Mr Todhunter,” Judge Strathdee said in sentencing.

“He was clearly an exceptional man, who loved his family and was loved and adored by them.

“The pain that has been inflicted on his family is immense and unending. A loving husband, father, father-in-law and Poppy has been so cruelly ripped out of the lives of so many, not just family, but the wider community that benefitted from all that Mr Todhunter did and was.”

Judge Strathdee acknowledged council’s co-operation in the case and its early guilty plea, and fined them $750,000.

Rick Bultitude, SafeWork executive director of investigations and enforcement, said while volunteers perform essential tasks throughout the community without pay or reward, they are still considered workers under Work Health Safety legislation.

“Organisations who have workers have work, health and safety duties and obligations not just to paid staff, but also for any volunteers they engage,” he said.

“Workers and volunteers also have WHS obligations of their own, including taking reasonable care of the health and safety of themselves and others.

“The person conducting a business is required to ensure an adequate risk assessment is conducted for work undertaken, and ensure appropriate information and instruction is provided to any volunteers.”

Mr Bultitude said volunteers should never be used to undertake work for which they are either unqualified or untrained to perform.

A spokesperson said Camden Council pleaded guilty to breaching a provision of the Work Health and Safety Act and accepter the fine that was handed down.

“Council has implemented new and additional systems, processes and policies to help prevent an incident like this from occurring in the future,” the spokesperson said

“Council expresses our condolences once again to the family, friends, Council staff and all other community members affected by this tragic incident.

“We pride ourselves on being part of our amazing community and providing a safe environment for our staff and residents to live, work and play.”

Camden Men’s Shed has been contacted for comment.