On 30 August 2023, a 31-year-old licenced electrician who ran an electrical business was sentenced in the Brisbane Magistrates Court for breaching the Electrical Safety Act 2002 (Qld) (“the Act”) on multiple occasions by failing to comply with his electrical safety duty pursuant to section 30. He was charged with three Category 2 (section 40C) offences.

The defendant was responsible for the entirety of domestic electrical installations on multiple properties including houses, duplexes and units in South-East Queensland. The defects were discovered by an electrician who was engaged by a resident to conduct repairs.

Following an investigation by the Electrical Safety Office (‘ESO’), it was revealed that the defendant had conducted electrical installations over a 12-month period whereby there were multiple defects in his electrical work which included sustained failures to comply with the Australian Standard AS/NZS 3000:2018 (the ‘Wiring Rules’). Between June 2018 and June 2019, the defendant did not ensure that:

1. Electrical cabling through ceilings were supported or fixed in position;
2. Cables were not exposed and were adequately insulated; and
3. There was adequate mechanical protection for ceiling cabling which was installed over the top of structural framing.

The defendant’s failure to comply with his electrical safety duty resulted in individuals at three properties being exposed to a risk of death or serious injury, due to the risk of electric shock or injury directly caused from electricity. Despite being given the opportunity to rectify the electrical work, the defendant did not adequately address the defects in the work identified by the ESO.

His Honour, Magistrate Holohan, noted the seriousness of failing to comply with Australian standards, finding that the risk not only exposed other electricians to death or serious injury, but would hold a long-lasting risk to anyone who accessed the ceiling space over the life of the properties.

In sentencing, His Honour took into account the defendant’s plea of guilty, the purpose of the Act in preventing people from being killed or injured by electricity, the defendant’s young age (26) at the time of the offending, and noted that it was fortunate there were no injuries. Emphasis was placed on the need for general and personal deterrence, protection of the community and significant financial cost to the building company in rectification works. His Honour found that the offending was serious despite a flagrant disregard for safety not being present.

The defendant relied upon his personal circumstances and pressures as an explanation for the offending. His Honour likened the defendant’s conduct to the duty of road users, noting that all licence holders are expected to comply with the rules, despite all distractions.

His Honour recognized that the defendant had suffered some financial loss as a result of being unable to work as an electrician; however, noted that he was afforded an opportunity to correct the issues and his financial hardship would not have occurred if he had complied with the rules. Despite this observation, his Honour accepted the defendant’s remorse and noted he expected the incident would serve as a lesson to him in his future career in the construction industry.  

His Honour convicted the defendant without recording the conviction and ordered a global fine of $40,000 for all offences and $854.40 in professional costs which were all referred to SPER.

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