On 28 January 2025, a formerly licenced electrician was sentenced in the Townsville Magistrates Court for breaching the Electrical Safety Act 2002 (Qld) (‘the Act’). The defendant, not being the holder of an electrical work licence, performed electrical work contrary to section 55(1) if the Act (charge 1). The defendant further conducted a business which included the performance of electrical work without holding an electrical contract licence, contrary to section 56 of the Act (charge 2).

On 22 January 2022, the defendant made arrangements with the owners of a residential property to carry out renovation works at an unoccupied holiday home located in Wunjunga.

During a meeting with the owners, the defendant represented that he was an electrician and that he was willing to perform work at the property that included electrical work.

Between 31 January 2022 and 6 April 2022, the defendant completed the following work at the property (‘the work’):

1. Installing ceiling lights and fans in the kitchen;
2. Installing electricity supply wiring, lights, fans and power points in the former carport;
3. Installing a new air-conditioning unit and the relocation of an existing air-conditioning unit;
4. Installing wired smoke detectors in the kitchen and bedroom.

The work was electrical work within the meaning of that term as defined in s.18 of the Electrical Safety Act 2002 (Qld). The defendant did not hold an electrical work licence that was in force at the time that he performed the electrical work. The defendant did not hold an electrical contractor licence that was in force at the time that he contracted for the performance of the work and at the time he represented that he was willing to perform the work.

Magistrate Mosch, in sentencing the defendant, had regard to the maximum penalty for the offences and noted that general deterrence was an important sentencing consideration. His Honour acknowledged that the purposes of the Electrical Safety Act 2022 (Qld) are directed at eliminating the human cost to individuals, families and the community of death, injury and destruction that can be caused be electricity.

His Honour described the offending as serious, having regard to the extent of the work carried out at the property, and the fact that the defendant had previously held both electrical work and contractor licences.

In mitigation, Magistrate Mosch took into account the defendant’s timely pleas of guilty as an indication of remorse and a willingness to facilitate the course of justice. His Honour had regard to the defendant’s lack of prior convictions for electrical safety offending and that the defendant had participated in a record of interview. His Honour also acknowledged that the business conducted by the defendant involved work carried out at a single property and did not involve a broader commercial enterprise.

His Honour considered that totality was also a relevant consideration, in circumstances where there was a degree of factual overlap between the conduct the subject of both charge one and charge two.

Magistrate Mosch convicted and fined the defendant $6,500 and exercised his discretion not to record a conviction.

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