Prominent harness racing stable fined over insurance policy failure

Ben Yole Racing has pleaded guilty to failing to maintain a policy of insurance with a licensed insurer for a near 18-month period. The issue emerged after young employees were injured in a car crash and found out they did not have workers' compensation insurance. What's next? The company has been ordered to pay $62,168 to the WorkCover Tasmania Board and fined $8,000. A prominent Tasmanian harness racing operator has been fined $8,000 for failing to secure adequate insurance, which came to light after employees were injured in a car crash that killed four horses. Ben Yole Racing Pty Ltd was sentenced in the Launceston Magistrates Court this afternoon, after pleading guilty to failing to maintain a policy of insurance with a licensed insurer, between July 2022 and December 12, 2023. The issue emerged after a car crash near Sidmouth in January 2023, where four horses were killed, and injured workers later learned they were not covered by workers' compensation insurance. The company had more than 30 employees at the time. The prosecution had suggested the fine could have reached $90,500, while defence barrister Damian Sheales had argued a fine of between $1,500 and $2,500 would have been sufficient. Magistrate Sharon Cure ordered the company to pay $62,168 to the WorkCover Tasmania Board and fined it $8,000 plus $82 in costs. Magistrate Cure made the point that the case had been dragging on for a long time and agreed with a comment from Mr Sheales that "everyone feels exhausted by it". She said she accepted the company became aware that it did not have adequate insurance and took steps to address it. She did not believe the breach stemmed from an attempt to gain an advantage over competitors. While she said she gave some weight to the nature of work and level of risk its employees faced, she said the legislation does not take those factors into account. The company was granted a stay of 28 days to make arrangements. Ben Yole Racing faces further charges relating to failing its workplace health and safety duties, failing to report an incident, and failing to preserve an incident site, to which it previously pleaded not guilty. These matters will return to court later this year.