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Prosecution Details

Defendant Neocorp Pty Ltd
Trading Name Not Applicable
Section 22(1)(a) and 22(4)
Regulation Not Applicable
Offence Date Wednesday, 15 October 1997
Description of Breach(es)

Being a person who had control of a workplace where persons who were not its employees worked, failed to take such measures as were practicable to ensure that the workplace was such that persons who were at the workplace were not exposed to hazards.

Background Details

A complaint was received regarding unsafe conditions on a building site at East Perth. A WorkSafe WA inspector observed persons working in areas where they were exposed to a risk of falling. Four formworkers were striping formwork from the second floor level units, in 'block A'.

As the gear was being stripped from each unit they stacked the gear on the left front balcony before passing it down to a truck below via a scaffold erected to act as an intermediate platform. The balcony on which the gear was being stacked and passed below did not have a guardrail exposing those persons to a risk of falling approximately 5.5 metres to ground level.

There were a number of other situations where scaffolding was incomplete - the midrail and some toe boards were missing. One guardrail was too low, 140mm below the minimum height for guardrails.

The defendant pleaded guilty. The penalty was considered under section 22(4).

Lead Image
Outcome Summary


Conviction Date 23 Apr 1999
Court Perth Court of Petty Sessions
Fine $7,500
Costs $595
Charge Number 45704/98