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 21 May 2026, a person was sentenced in the Ipswich Magistrates Court for breaching sections 30(1), 40C and 55(1) of the Electrical Safety Act 2002 (Qld) (‘the Act’), having failed to comply with his primary electrical safety duty and performing unlicensed electrical work.

The defendant was engaged as the principal contractor for the renovation and extension of an existing residential and restaurant premises at Mount Kilcoy. He commenced work on 30 August 2021. The Category 2 offending was twofold:

  1. Two electrical switchboards that were relocated. The sheeting above them was removed and both were left exposed to the ingress of rainwater. Both switchboards were energised.
  2. An orange conduit that was exposed near the construction of the pool area. It was broken in 3 places. Scaffolding was erected immediately adjacent to the exposed conduit, which could act as a conductor.

The defendant performed and permitted work to be performed by workers in close proximity to the exposed live conduit, which had a voltage of 245 volts.

The defendant attempted temporary repairs to the exposed conduit that were inadequate.

The deficient electrical work performed by the defendant exposed workers and other persons to the risk of death or serious injury.

Furthermore, the defendant did not hold a valid electrical work license to perform any electrical works. The defendant admitted to performing the electrical work.

In sentencing, Magistrate Quinn accepted the offending was objectively serious, the dangers were obvious and foreseeable, and the steps to mitigate the risk were simple and obvious.  His Honour accepted the defendant performed the unlicensed work to render the property safe.

In mitigation was the timely plea of guilty, demonstrated remorse, cooperation with the investigation, and the lack of criminal history.

In imposing a penalty his Honour regarded the paramount consideration being the protection of the community, the need for denunciation, and both general and specific deterrence.

His Honour noted the affect this proceedings and other related proceedings from this build had on the defendant both personally and financially. Given his age, physical and mental health conditions he will not work again.

His Honour accepted that the defendant’s capacity to pay a fine was a relevant consideration, but it was not determinative.

Balancing all the relevant considerations, his Honour imposed a global penalty of $21,500. A fine of $17,500 was formally imposed for the Category 2 charge; and a fine of $4,000 for the unlicensed electrical work. His Honour exercised his discretion to note record a conviction.

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

Court Report

General
Industry
Construction
Date of offence
Injury
Nil
Court
Ipswich Magistrates Court
Magistrate or judge
Acting Magistrate Quinn
Decision date
Individual PCBU
Legislation

Charge 1: Sections 30(1) and 40C of the Electrical Safety Act 2002; Charge 2: Section 55(1) of the Electrical Safety Act 2002

Plea
Guilty
Penalty
Charge 1: $17,500; Charge 2: $4,000
Maximum fine available
Charge 1: $300,000; Charge 2: $40,000
Professional and legal costs
$1,500
Court costs
$111.70
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No