Disclaimer: Reports are provided as a summary only. They are not a verbatim account of the court proceedings and do not contain all details placed before the court. They are not intended to be used as a record of the court proceedings.

On 27 March 2026, a building company was sentenced in the Brisbane Magistrates Court for four Category 2 offences pursuant to section 40C of the Electrical Safety Act 2002 (Qld) (‘the Act’), having failed to ensure that it conducted work in a way that was electrically safe. The company’s director was also sentenced for four related offences pursuant to section 55(1) of the Act, having completed electrical work without an electrical work licence.

The offending by the building company involved a systemic failure to ensure that electrical work was carried out safely, exposing occupants across four residential properties to a risk of death or serious injury. 

The company engaged its director to perform substantial electrical work despite him not holding any electrical licence, and without ensuring appropriate testing or compliance with the Wiring Rules.  The work was defective in multiple respects, including exposed live parts, inadequate insulation, unsafe installations in wet areas, and unsealed switchboards, creating risks of electric shock and fire.

The director’s offending involved repeatedly performing electrical work without a licence across the four residential properties over an extended period, despite knowing he was not qualified to do so. The director admitted he carried out the work himself for financial reasons, had learnt informally by observation, and accepted several of the specific defects identified, including failing to protect live components and properly secure wiring.

In sentencing, Magistrate Maloney considered the early pleas of guilty and accepted that the pleas of guilty were a demonstration of remorse for the offending and acceptance of responsibility.  His Honour had regard to the circumstances of the offending, which he described as deliberate and financially motivated.

His Honour acknowledged that the company had been a building company for nine years and had cut corners to save money when it was under financial stress. However, the company should have exercised better judgment.  Although he was otherwise of good character, the director had lost his moral compass. 

His Honour had regard to the authorities placed before the court, the submissions made by both parties and the maximum penalty for the offence. 

Taking into account all matters, his Honour imposed a fine of $80,000 in relation to the company’s offending and a fine of $12,000 in relation to the director’s offending. His Honour exercised his discretion to not record a conviction against the company or the director. 

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

Court Report

General
Industry
Electricity, gas, water and waste services
Date of offence
Injury
Nil
Court
Brisbane Magistrates Court
Magistrate or judge
Magistrate Maloney
Decision date
Company
Legislation

Charge 1, Charge 2, Charge 3 and Charge 4: Sections 30 and 40C of the Electrical Safety Act 2002

Plea
Guilty
Penalty
Charge 1, Charge 2, Charge 3 and Charge 4: $80,000
Maximum fine available
$1,500,000 for each charge
Professional and legal costs
$750
Court costs
$223.40 (x2 complaints)
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No
Company officer 1
Legislation

Charge 1, Charge 2, Charge 3 and Charge 4: Section 55(1) of the Electrical Safety Act 2002

Plea
Guilty
Penalty
Charge 1, Charge 2, Charge 3 and Charge 4: $12,000
Maximum fine available
$40,000 for each charge
Professional and legal costs
$750
Court costs
$223.40 (x2 complaints)
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No