Craig Williams to face NT Supreme Court charged with industrial manslaughter over the death of Alan Dinning

A construction contractor working in one of the Territory’s wealthiest suburbs has become the first person committed to the Supreme Court over an industrial manslaughter charge.

Darwin contractor Craig Williams outside the Darwin Local Court where he stands charged with industrial manslaughter over the death of a construction worker in April 2020. Picture: Pema Tamang Pakhrin

For the first time the Territory’s industrial manslaughter laws will be tested in the Supreme Court four years after the death of a 60-year-old construction worker in one of Darwin’s wealthiest suburbs.

On Monday, Darwin-based contractor Craig Williams was committed to face the Supreme Court charged with industrial manslaughter.

WorkSafe NT has alleged Williams, trading as Rainbow Beach Constructions, was the primary contractor when Alan Dinning fell through a void in an active construction site at Bayview.

The 60-year-old was moving cabinets when he fell 3.2m to his death while working at the two-storey residential site on April 8, 2020.

He was taken to Royal Darwin Hospital with head lacerations but later died from his injuries.

Darwin Local Court has previously heard allegations that temporary scaffolding was removed and not replaced by alternative fall protection, with evidence presented that a plasterer warned Williams to put rails up around the staircase void.

The court heard Williams allegedly responded: “We haven’t got the money to, you know, look after yourself”.

Darwin contractor Craig Williams outside the Darwin Local Court where he stands charged with industrial manslaughter over the death of a construction worker in April 2020. Picture: Pema Tamang Pakhrin

William’s lawyer Luke Officer claimed the workplace watchdog had “got the wrong guy”, arguing Williams was a mere worker with the two company directors based in India and Victoria.

Mr Officer claimed the contractor was not the director of the construction site, and therefore not a “person conducting a business or undertaking” under the Work Health and Safety Act.

Local Court Judge Ben O’Loughlin said while there was a “circular definition” of a PCBU under the Territory legislation, the legal question boiled down to whether Williams was engaged “solely as a worker” or if he had higher duties.

Mr O’Loughlin said since the company directors were based outside the Territory, “a jury might think that PCBU should be someone on site with some control”.

He said there was evidence that Williams had keys to the site, control of scheduling, was trying to get contractors back to the job and was keeping workers informed about what would happen later in the construction schedule.

Worksafe NT and the police investigate an incident at a worksite in Bayview. Picture: Che Chorley

He said Williams himself had allegedly described his role as “works and supervision” to other contractors.

Mr O’Loughlin concluded therefore that a jury could find sufficient evidence that he was a PCBU, as Williams appeared to be “more than a mere worker”.

Williams, who is yet to enter a plea, was committed to the Supreme Court, with his first hearing to be held on March 14.

His case will mark the first time an industrial manslaughter charge has been elevated to the Supreme Court.

The Rainbow Beach Constructions contractor is the second Territorian to be charged with industrial manslaughter since it was introduced in February 2020.

The maximum penalty for the charge is life in prison.