On 13 February 2025, an electrical contractor was sentenced in the Maroochydore Magistrates Court for two charges of breaching section 40C of the Electrical Safety Act 2002 (Qld) (‘the Act’), having failed to comply with his duties to take reasonable care for his own electrical safety, and to take reasonable care that his acts or omissions did not adversely affect the electrical safety of other persons or property; and these failures exposed himself and other persons to the risk of death or serious injury. 

On 4 October 2023, the contractor attended a primary school in Queensland to upgrade a switchboard. In doing so, he conducted work whilst the switchboard was energised which caused an arc flash event and damaged the switchboard. Having caused this damage, he then left the switchboard energised in a state that was electrically unsafe due to the damaged equipment and contamination of the switchboard with electrically conductive carbon soot. 

On 26 October 2023, this damage was discovered by other electricians who attended the school to conduct routine maintenance. Those electricians isolated the switchboard and contacted the electrical safety office who conducted an investigation. The defendant initially offered a false version of events that the switchboard had spontaneously short-circuited, however experts determined that the arc flash had occurred due to human intervention. 

In sentencing, Magistrate Callaghan took into account the defendant’s early plea of guilty, lack of previous convictions, and his completion of a training course at personal expense. He also acknowledged the defendant’s fulfillment of all disciplinary requirements following a hearing with the Electrical Licensing Committee. He fined the defendant $15,000 and did not record a conviction. The defendant was also ordered to pay costs of $1,605.35. Magistrate Callaghan noted that the fine would have been in the range of $20,000-$25,000 but was reduced due to the defendant’s financial hardship and poor mental health.

OWHSP contact: enquiries@owhsp.qld.gov.au

Court Report

General
Industry
Electrical and air conditioning
Date of offence
Injury
Nil
Court
Maroochydore Magistrates Court
Magistrate or judge
Magistrate Callaghan
Decision date
Worker
Legislation

Charge 1: Sections 39(a) and 40C Electrical Safety Act 2002 | Charge 2: Sections 39(b) and 40C Electrical Safety Act 2002

Plea
Guilty
Penalty
$15,000
Maximum fine available
$150,000 for each charge
Professional and legal costs
$1,500
Court costs
$105.35
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No