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Prosecution Details

Defendant Carlino Enterprises Pty Ltd
Trading Name Carlino Developments
Section 22(1)(a) and 22(4)
Regulation Not Applicable
Offence Date Wednesday, 4 November 1998
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

The defendant was constructing a two-storey home in Lesmurdie. A departmental inspector visited the construction site and found a number of defects with the perimeter scaffolding, including missing bracing, handrails, toe-boards and lack of access and egress to the working platforms. The photograph shows some of those defects.

His Worship, Mr Roberts SM noted that the fall hazard was significant and that the risk of injury was readily foreseeable. The defendant had not changed its plea until the last moment so that any discount for the change of plea was reduced. However, as against those matters, the company had no previous offences, and references made it clear that this was an isolated lapse. In addition, no person had been injured.

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

Lead Image
Outcome Summary


Conviction Date 03 Dec 1999
Court Perth Court of Petty Sessions
Fine $5,000
Costs $807
Charge Number 25710/99