On 26 February 2026 the manager and worker of a solar installation company was sentenced in the Gympie Magistrates Court in relation to two charges of breaching sections 40C, 39 and 55 of the Electrical Safety Act 2002 (Qld) (‘the Act’) when he installed an off-grid solar power system on a dwelling at Lagoon Pocket. The Act required the worker to hold an electrical license to carry out the installation work. The worker was further charged that in unlawfully carrying out the electrical work he incorrectly installed two components which were prohibited by the applicable Australian Standards and in doing so he created a risk of death or serious injury to individuals or property. 

The owners of that property were desirous of installing an off-grid power system to power their residence. Their residence is situated in a rural location and is not connected to the electrical network. The worker was the person who attended the site and discussed an off-grid proposal with the homeowners subsequently forwarding them documents including a quotation for $15,576 for the supply and installation of an off-grid Photovoltaic system, commonly described as an off grid solar system to power the residence.

The system included multiple components including solar panels, cabling, circuit breakers, power conversion unit (Inverter), electrical components comprising a modular switchboard with various conductors, an energy meter and generator input socket as well as lithium storage batteries and a battery management system. To be operational, the nature of the equipment required a licensed electrician to carry out the installation work wiring the complete unit.

The installation and ancillary works were completed by the worker on diverse dates between February 2019 and April 2019. The system was energised after installation and the homeowners made full payment. The power system worked intermittently to power the residence with the worker returning to the property multiple times in response to reported malfunctions. His last attendance to undertake repair work was in Apri 2019. He never subsequently returned despite multiple efforts by the homeowners to have him or a representative do so.

Following completion of the installation the homeowners sought confirmation from the defendant that the electrical installation had been certified by a licensed electrician as safe for use. This confirmation was never certified by a licensed electrician.

As a result of the off-grid system’s continued malfunctioning and the worker being non-responsive the homeowners made a complaint to Electrical Safety Inspectors (ESO) in November 2022 regarding the work. That agency then undertook investigations. 

SENTENCING REMARKS: At the outset the Magistrate acknowledged the matter had been listed for a two-day hearing and there was utility in the defendant’s late plea of guilty. Her Honour noted the circumstances of the offending as detailed in the statement of facts tendered to the court and acknowledged the matters raised in the homeowner’s victim impact statement which detailed the financial loss, the anxiety and emotional upheaval by the owners in endeavouring to resolve this matter.

Her Honour observed the defendant was unlicensed and had never held an electrical work license so would not have held the requisite technical knowledge to perform this work. Her Honour noted the matters raised in the parties’ sentencing submissions accepting general deterrence looms large in these types of matters as there is a need to send a message that undertaking this type of work when unlicensed will not be accepted.

Her Honour noted the material tendered by the defendant’s representative as to his current medical condition and its impact on his lifestyle as well as the financial material detailing the defendant currently receives Centre-link payment with this unlikely to change given his present age. Her Honour convicted the defendant and imposed one global penalty for the offending and exercised her discretion not to record a conviction noting the defendant was 70 years of age and had no prior convictions.

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