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Prosecution Details

Defendant Tony Fazzalari
Trading Name Stonehaven Demolition Contractors
Regulation [1] 3.123(1) AND [2] 3.123(1)
Offence Date BETWEEN 30/10/2001 AND 24/1/04
Description of Breach(es)

TWO CHARGES OF: being the main contractor at a workplace where demolition work other than class 1, class 2 or class 3 demoliton work was being done, failed to ensure that the work was done in accordance with AS 2601 in that it failed to ensure that the gas service, which was no longer required, was disconnected and sealed off before any stripping or demolition work commenced; contrary to regulation 3.123(1) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

Background Details

The defendant operates a demolition business.

After receiving an anonymous complaint an AlintaGas Inspector inspected a property in St James where he found that the building at the property had been demolished but the gas service had not been properly disconnected. He contacted the owner, HomesWest, and ascertained that the defendant had been contracted to do the demolition work. The Inspector then did a search of other premises that had been demolished by the defendant and found that the gas supply had not been properly disconnected at a number of those premises. Two of those premises were 95 Mirrabooka Avenue, Girrawheen and 276 Hector Street, Tuart Hill. On 30 October 2001 the Defendant entered into an agreement with Homeswest to demolish all improvements at those sites.

The two charges relate to the abovementioned 2 properties. Clause 2.1.10 of the Australian Standard 2601 requires that all services within a structure not required to be maintained during demolition work shall be properly disconnected and sealed off before any stripping or demolition work commences.

In a record of interview the defendant explained that his usual practice was to send a facsimile to the supply authority in advance of commencing any demolition work. A search with the supply authority found that it keeps relevant records and had no record of any request for disconnection of the gas services at the above premises.

The Defendant has no previous convictions.

Outcome Summary CONVICTION
Conviction Date 10 May 2004
Fine [1] $3000.00 [2] $3000.00
Costs $1,047.70