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Prosecution Details

Defendant Don Russell Homes Pty Ltd
Trading Name Not Applicable
Regulation 3.65 x 2
Offence Date Tuesday, 25 August 1998
Description of Breach(es)

Being the main contractor at a construction site, failed to ensure that electricity had been supplied to the site from a supply authority's service line or service cable by way of a temporary or permanent connection by the time when work on the site had reached plate height.

Background Details

When the houses the defendant was building were inspected on 25 August 1998 they were at plate height and the roof structure was partially complete on both. Regulation 3.65 requires power to be supplied by the time work reaches "plate height". Plate height means the point at which the brickwork is complete, and the roof etc is ready to be fitted to the house.

It was practicable for the defendant to have arranged for power to be supplied to both sites. A Western Power customer connection pillar was located at the front of each premises. Power could have been supplied to each site by way of a temporary power pole connected to the customer connection pillar.

His Worship noted that the defendant had previously received a prohibition notice and 9 improvement notices with respect to this regulation. The defendant was therefore clearly aware of its obligations under the Regulations. His Worship also noted that the defendant was a building company with 35 years experience and had not been previously prosecuted. The defendant had taken the charges seriously and had taken steps to improve training and internal procedures to avoid a repetition of the offences. But for the guilty plea and the mitigating matters referred to above His Worship would have imposed a fine of $2,000 with respect to each charge.

The defendant pleaded guilty.




Lead Image
Outcome Summary convicted
Conviction Date 18 May 1999
Court Perth Court of Petty Sessions
Fine $1500 x 2 (total $3000)
Costs $165 x 2
Charge Number 8792/99 and 8793/99