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Prosecution Details

Defendant Pandaragan Pty Ltd
Trading Name HIH Design & Construction
Section 22(1)(a) and 22(4)
Regulation Not Applicable
Offence Date Wednesday, 31 March 1999
Description of Breach(es)

Being a person who had control of a workplace where persons who were not his 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 two-storey units at a site in Hammersley Road, Broome. When inspected it was found that there was inadequate edge protection to the verandahs on the first floor and scaffolding at the South West elevation of the site. The photograph is of the eastern elevation of the project and shows the lack of edge protection at the first floor level in this area.

Stair void openings were inadequately covered and there was no safe means of access to or egress from the first floor level. Three workers were observed working from the verandahs on the east elevation where there was no edge protection. Another worker was seen working in the vicinity of the unprotected stair case void.

The defendant failed to install appropriate edge protection, or provide fall arrest equipment. The fall heights were approximately 3.1 metres.

In sentencing the defendant His Worship, Mr Calder SM, accepted that the defendant was a first offender and that the company had pleaded guilty at the first opportunity. However, His Worship noted that the Act imposed a maximum of $100,000 and that there was a need for a significant general deterrent. In this case the need for a specific deterrent was reduced because of the steps the company had taken since the date of the offence. His Worship noted that the fall height was significant and that safety rails could easily have been installed.

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

Lead Image
Outcome Summary


Conviction Date 28 Feb 2000
Court Perth Court of Petty Sessions
Fine $6,000
Costs $642
Charge Number 2312/99