skip navigation

Prosecution Details

Defendant Perth Demolition Company Pty Ltd
Trading Name Not applicable
Regulation 5.50 [1] and 3.121(2) [2]
Offence Date Tuesday, 20 July 1999
Description of Breach(es)

[1] Being an employer failed, to ensure that work involving asbestos cement building materials was done in accordance with section 9 of the code of practice for the safe removal of asbestos [NOHSC: 2002 (1988)].

[2] Being an employer failed to ensure that at all times when demonstration work was being done a copy of AS 2601 and a copy of the work plan referred to in clause 1.7.3 of AS 2601 was kept at the workplace.

Background Details

Perth Demolition Company Pty Ltd being the Main Contractor and having management and control of the residential demolition work, failed to ensure that a copy of Australian Standard 2601:1991 and a copy of the work plan referred to in clause 1.7.3 of AS2601:1991 was kept at the workplace at times when the work was being undertaken. Additionally Perth Demolition Company Pty Ltd failed to ensure that Asbestos Cement sheeting was removed in accordance with Section 9 of the Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)]. Note the fragments of asbestos cement sheeting in the foreground of the photograph.

Perth Demolition Company Pty Ltd engaged two contractors to carry out demolition and asbestos removal work, and failed to ensure minimal breakage of the asbestos cement material or supply the necessary protective equipment.

His Worship Mr Thobaven SM agreed that the company had to be discouraged from allowing these work practices to be adopted. The defendant was found guilty and the Magistrate imposed a global penalty for both charges of $10,000.

The defendant sought a re-hearing of the prosecution which was heard on 24 July 2000. The application was dismissed by Her Worship Ms Bennett-Borlase SM.

Lead Image
Outcome Summary convicted
Conviction Date 20 Apr 2000
Court Perth Court of Petty Sessions
Fine $10,000 (global)
Costs $587
Charge Number 13419/00 [1] and 13420/00 [2]