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Prosecution Details

Defendant Moltoni Corporation Pty Ltd
Trading Name Not Applicable
Regulation 925(a) and 924
Offence Date Between 11 June 1996 and 14 June 1996
Description of Breach(es)

On the 11th day of June 1996 at 593 Hay Street, Perth, Moltoni Corporation Pty Ltd, being a person who carried out demolition at the place of a building, namely the old R & I Bank Building, which had a height exceeding twice the distance between the closest part of that building and the boundary of a public place, failed to prevent the debris from that building from falling outside the building, in circumstances where no approved overhead protection had been erected.

Background Details

On the night of 11 June 1996 a large section of concrete estimated to weight at least 60-65kg fell from the 13th floor of the old R & I Building in Hay Street, Perth and landed on the kerbline and finished up in the roadway. The picture shows the facade from which the concrete block fell. At the time, an excavator was being used on the top floor cleaning up rubble resulting from demolition work to that building. The department were advised of the incident on the morning of 12 June 1996 and an investigation commenced.

A number of notices were issued to the defendant.
The regulation required the Hay Street fatade to be protected by heavy duty scaffold unless otherwise approved by the department. At the time of the incident the department had not provided any approval to use an alternative approach. The delay in finding this matter occurred because of an appeal on technical grounds pertaining to the authority of two departmental officers to institute prosecution proceedings under the Occupational Safety and Health Act 1984 that was delivered by the Full Court on 23 June 1999.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 20 Oct 1999
Court Perth Court of Petty Sessions
Fine $4,000
Costs $1,500
Charge Number 56757/97