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Prosecution Details

Defendant Victor James Smith
Trading Name Westexture
Regulation 6.3(1)
Offence Date Friday, 16 April 1999
Description of Breach(es)

Performed prescribed work, namely scaffolding where a person or object could fall more than four meters from the scaffolding, when he did not hold a certificate of competency that he was required by the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (1995)] to hold to perform that work.

Background Details

The defendant was contracted to apply a textured render to a commercial building in Osborne Park. The defendant erected a mobile aluminium scaffold approximately 5.5 metres high for this purpose. Because a person or object could fall more than 4 metres from the scaffold, the erection of the scaffold constituted "prescribed work". Prescribed work can only be performed by a person holding the relevant certificate of competency. The defendant did not hold the required certificate of competency.

The scaffold had a number of defects that included missing handrails, missing and incorrectly placed bracing, absence of sole plates under the castor wheels, incorrectly placed outriggers and inadequate access to the working platform. There was a risk that persons using the scaffold could have fallen 5.5 metres and been seriously injured.

Her Worship Ms J Musk SM noted that the defendant had no previous offences, had pleaded guilty at the earliest opportunity and that it was unlikely that the offences would be repeated.

The main contractor for this project, Brown and Joy Industries Pty Ltd, was also prosecuted in relation to this matter under regulation 3.72(1)(a).

The defendant pleaded guilty.




Lead Image
Outcome Summary convicted
Conviction Date 31 Aug 1999
Court Perth Court of Petty Sessions
Fine $1,000
Costs $210
Charge Number 34709/99