On 14 February 2022, the defendant was sentenced in the Southport Magistrates Court for numerous breaches of the Electrical Safety Act 2002 (‘the Act’). The defendant conducted a business including performing electrical work without holding an electrical contractor’s licence or electrical work licence, contrary to sections 56 and 55 of the Act. Additionally, the defendant, as a person who had a primary electrical safety duty, failed to ensure the business was conducted in a manner that was electrically safe, and exposed individuals to a risk of death or serious injury on three separate occasions.  

Between 21 March 2019 and 20 October 2019, the defendant conducted a business of general handyman services including electrical work, which he often contracted through the online marketplace Airtasker. At no time did he hold an electrical work licence or electrical contractor licence. 

On 29 March 2019, in response to an Airtasker advertisement, the defendant disconnected an existing stove and installed a new stove in a Southport residence. In the course of his interactions with the homeowner, the defendant falsely held himself out as having a valid Queensland electrical licence. A subsequent inspection by Electrical Safety Office (ESO) inspectors revealed that the protective external sheathing to the electric cable used in the oven had been incorrectly removed. That increased the risk of breaks to the single insulated cable which would result in the stove becoming live, exposing any individual who came into contact with it to the risk of serious injury or death.

On 5 October 2019, the defendant undertook work at a Currumbin Waters residence, including installing six ceiling fans, and replacing existing ceiling lights, a power point and a roof aerial. ESO inspectors detected that one fan in the lounge room was incorrectly earthed, which, in the event of a fault, could have caused the conductive surfaces of the fan and light to become live, exposing anyone who came into contact with it to a risk of serious injury or death. No Residual Current Device was installed, which, in the event of an insulation breakdown in any of the six fans, could have resulted in an electrical shock causing serious injury or death.

On 19 October 2019, the defendant undertook electrical work at an Upper Coomera residence including installing a ceiling light and fan combination, two sensor security lights, two power points and a television antenna. The defendant falsely advised the homeowner that he was appropriately qualified, licenced and insured. It was revealed that the cable junction of the cables was not placed in a junction box, and was located near the ceiling’s access point. The location of the cable junction increased the likelihood of individuals coming into contact with it and without a junction box there was a risk of exposure to the live wires, could have resulted in serious injury or death if contacted. The sensor light’s switch had no wiring enclosure on the back, which, in the event of a conductor breaking could have resulted in contact with the conductive insulation material and started a fire, causing serious injury or death.

Magistrate Pink noted that the primary purpose of the penalty was deterrence, closely followed by community denunciation. Her Honour stated that where work is conducted that poses a danger to the community of death and serious injury, it is important that those conducting that work understand the risks and that the community denounces those who undertake work despite the law. Her Honour also noted the need for specific deterrence given the persistence of the defendant’s work in this area despite warnings on prior occasions.

Magistrate Pink remarked that the homeowners wanted the work to be completed safely and considered it aggravating that the defendant falsely assured them he was qualified. It was further considered an aggravating factor that the defendant committed numerous offences despite receiving two notices not to conduct electrical work a month prior to the offending period. Her Honour noted that that the nature and gravity of the offending was patent and although no injuries resulted on this occasion, the results could have been catastrophic.

Her Honour noted that the defendant had some interstate electrical training over 30 years ago, but was never formally qualified or licenced in Queensland. The Court also took into account the defendant’s diagnosis of PTSD arising from his former employment as a police officer, which ultimately led to the loss of his employment. In mitigation, Her Honour noted the defendant’s guilty plea, lack of prior criminal history, and reduced earning capacity as a result of his mental health.

The defendant was convicted and fined a total of $60,000. Having regard to the defendant’s mental health history, current employment, the absence of any criminal history and the defendant’s service to the community, her Honour exercised her discretion not to record a conviction.

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