On 3 September 2024, a licensed electrical worker was sentenced in the Gympie Magistrates Court for breaching the Electrical Safety Act 2002 (Qld) (‘the Act’) by failing to comply with his electrical safety duty pursuant to section 30. The defendant was further charged and sentenced in relation to three offences of conducting a business or undertaking that included the performance of electrical work whilst not holding an electrical contractor licence.

In late 2021, a project commenced to relocate a retail store in Gympie.  The project involved a new store being built at 31 Wickham Street, Gympie (‘the property’), and closing the existing store at 19 Wickham Street, Gympie. The principal contractor for the project underwent a tender evaluation process for the electrical work at property. The defendant put forth quotes for the electrical work as part of this process. The principal contractor subsequently engaged the defendant, through his business, as a subcontractor to conduct the electrical work for the property.

The defendant organised a number of labour hire staff and inexperienced persons to perform the electrical work. The defendant did not submit an Electrical Work Request form to connect the store to the mains power and the way the electrical work was performed allowed the premises to siphon power in an unmetered fashion to the store.

The store opened in December 2021.  Numerous defects were identified by staff of the store after it opened.  This included lights not functioning, the hot water system causing a circuit breaker to trip, and electrical cables hanging from the ceiling above the shop floor.

In about April 2022, a staff member went to reset a circuit breaker and received an electric shock to his finger. He observed an arc of electricity make contact with his finger, causing a visible painful burn.  He did not require medical attention.

The retail store engaged a separate electrical company to attend the store on about 5 August 2022. The company identified a number of defects that required immediate disconnection of power to the property.

At all material times the defendant was not the holder of an electrical contractors licence. In addition to the work carried out above, the defendant’s business carried out electrical work at two further locations in Queensland.

Magistrate Hughes, 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 no serious injury resulted in this matter, but that the potential consequences of the defective electrical work were significant.

In mitigation, Magistrate Hughes took into account the defendant’s early plea 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 related offending and concluded that a personally deterrent sentence was not necessary in this matter. His Honour also took into account the defendant’s recent diagnosis of ADHD which has now been managed with medication.

Having regard to all matters, as well as the comparable decisions referred to by the parties, Magistrate Hughes convicted and fined the defendant $40,000 in total and exercised his discretion not to record a conviction.

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