On 15 December 2023 BNM AHMAD GROUP PTY LTD was convicted in absentia of 2 ‘Category 3’ offences contrary to s.33 of the Work Health and Safety Act 2011 (‘the WHS Act’), in addition to 2 offences that it carried out work at a workplace for which an authorisation is required by the Work Health and Safety Regulation 2011 (‘the WHS Regulation’), contrary to section 43(1) of the WHS Act.

The defendant had a duty, pursuant to s.19(2) of the WHS Act, to , to ensure so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of its business or undertaking and that it failed to comply with that duty.

On two occasions in 2021, the defendant demolished residential houses at suburban addresses in Brisbane which contained asbestos containing material (ACM) pursuant to contracts entered into with homeowners.

The defendant failed to safely remove asbestos sheeting before demolishing the houses with an excavator, causing the breakage of asbestos sheeting and the release of asbestos containing dust and debris (ACD).

The defendant failed to remove disturbed asbestos from the properties following demolition work, leaving ACD strewn around the yards.

The maximum penalty for each offence against s.33 of the WHS Act, committed by a body corporate, is a fine of $500,000.

The defendant was not licensed to carry out demolition work as required by the WHS Regulation.

The maximum penalty for each offence against s.43(1) of the WHS Act, committed by a body corporate, is a fine of $100,000.

Following a number of complaints prior to and after a house demolition, Work Health and Safety inspectors attended at an address in Indooroopilly, where they issued a number of statutory notices to the defendant including notices requiring to safely remove and dispose of asbestos waste. The defendant failed to comply with those notices, requiring the property owner had to engage an alternate demolisher and licensed asbestos removalist to undertake remediation work at a cost of $16,500.

Following a separate complaint by a property owner, an inspector attended at an address in Eight Mile Plains where the defendant had abandoned the site of a house demolition leaving broken ACM strewn around the property. The defendant ignored further statutory notices issued by an inspector which required remediation of the site. 

The defendant failed to comply with those notices, requiring the property owner had to engage an alternate demolisher and licensed asbestos removalist to undertake remediation work at a cost of $22,770.

Prior to these offences, the defendant had been issued with 12 infringement notices for contraventions of the WHS Act and Regulation, as well as 21 improvement notices and 9 prohibition notices requiring it to comply with the legislation.

In sentencing the defendant, Magistrate Pinder observed that the defendant’s failure to comply with previous statutory notices, in addition to its failure to appear in court, demonstrated a complete disregard for health and safety law. Its failure to properly handle asbestos exposed occupants of neighbouring properties as well as inspectors, to risks to their health and safety.

His Honour adopted the observation of Her Honour Judge Fantin in Steward v Mac Plant that a fine of $100,000 was an appropriate sentence for a category 3 offence, before consideration of mitigating factors, which he noted were not present in the present case.

In issuing the defendant a global fine of $100,000 for all 4 offences, His Honour remarked that such fine was modest in the circumstances.

A conviction was record against the defendant.

The defendant was also ordered to pay legal costs and court fees of $1601.40.

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