WorkSafe Victoria is charging Victory Minerals and Carr Mining Services following a fatal rock fall at the Ballarat Gold Mine in March 2024 that killed a man.
While conducting air legging drilling on 13 March, a section of the mine collapsed 500m, killing 37-year-old Kurt Hourigan and critically injuring 21-year-old Connor Smith.
As reported by Mining.com.au, Hourigan was reportedly pinned underground at the site during the rockfall, causing his death on the scene.
Victory Minerals and Carr Mining are both being held liable for the incident for what Worksafe says is for failing to provide or maintain a safe working environment, each facing two charges under the Occupational Health and Safety Act.
The companies are filed for hearing at the Ballarat Magistrates Court on 18 December 2025.
Australian Workers Union (AWU) believes WorkSafe has the necessary evidence and the tools to pursue industrial manslaughter charges for the two companies, stating “these laws are meaningless if no one ever serves time for killing workers”.
AWU Victorian Branch Secretary Ronnie Hayden says the charges are a first step to justice, but adds they are not substantial when a worker is “killed due to clear negligence”.
“We believe the evidence shows warnings were ignored and safety standards were abandoned just to save a dollar,” Hayden says.
AWU Victorian Branch President Ross Kenna says WorkSafe needs to focus on pursuing these charges if the evidence is there.
“The people who made those decisions need to be held personally accountable under industrial manslaughter laws,” Kenna says.
Safework Australia reports five workplace fatalities in the mining industry this year, following the deaths of two workers at a Polymetals (ASX:POL) mine site in October.
There have been 184 fatalities across all sectors to date, following 188 deaths in 2024.
Mining was ranked with the fourth highest fatality rate last year, facing a total of 11 deaths, compared to the transport, postal, and warehousing industry ranking the highest last year with 53 deaths last year, as reported by Mining.com.au.
Write to Maddison Elliott at Mining.com.au
Images: Victory Minerals
