On 24 August 2026 a sole trader was sentenced in the Cleveland Magistrates Court for breaching section 68(1) of the Electrical Safety Regulation 2013 (Qld) and section 300(1) of the Work Health and Safety Regulation 2011 (Qld). The individual was sentenced to perform 60 hours of community service for failing to ensure compliance with a safe work method statement (SWMS) and ensuring a person did not come within an unsafe distance of an overhead powerline.

On 8 December 2025, the sole trader was doing cladding work on a real estate business premises at Tinana. Workplace Health and Safety Inspectors attended the location and observed the individual on the awning of the premises, a height of 2.8 meters, doing work; and that adjacent to the awning was an energised powerline. The sole trader came down at the request of the inspectors and spoke with them. He confirmed there was a SWMS for the work, which he was not compliant with as he had no harness or safety rails implemented; and that he had obtained no advice from the energy provider regarding the powerline prior to doing the work.

The inspectors issued the individual infringement notices which he indicated he would contest as the amounts were too high. A prosecution was commenced in relation to the charges of those infringement notices.

On 24 August 2026, the sole trader pleaded guilty. At sentence prosecution outlined the offending was serious and that the conduct carried a risk of death. The sole trader outlined his personal family circumstances and that he was experiencing financial strain. He sought leniency from the Magistrate in relation to the penalty to be imposed.

His Honour accepted the offending was serious and that there was a need to implement a sentence which balances justice as well as specific and general deterrence. His Honour accepted in the sole trader’s personal circumstances a fine was not appropriate, but an order for community service would be a deterrent penalty.

His Honour sentenced the sole trader to 60 hours community service to be completed within 12 months for both the offences. His Honour outlined it was appropriate for costs to be paid by the individual to the prosecution, for bringing the proceeding, in the amount of $1,731.

A conviction was not recorded.

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