Details of successful prosecution against E204707

Incident description

On (or about) 25 July 2014, a homeowner engaged the defendant to quote for electrical work to be undertaken at her residence. The defendant was referred to the homeowner by a friend.

The quotation identified six items of work which the defendant would undertake for $300:

• pole supply
• re-earth installation
• disconnect power to old shed
• make safe main switchboard
• remove old wiring in house and shed
• test existing wiring.

The quote further identified four batten holders, four double general power outlets, and to make fan safe.

While at the residence to provide the quote, the defendant disconnected the power to the shed.

Over the following three weeks, the defendant returned to the premises to complete the work, following which the homeowner paid the quoted sum of $300 in cash.

On 4 August 2014, an Energex officer attended the residence and met the defendant who asserted he was an electrician. The officer observed the defendant making the earth connection to a multiple earth neutral connection in the switchboard. He questioned the defendant about his work and became aware the defendant had little insight into the nature of the work he was undertaking. The Energex officer refused to connect power to the property and promptly notified his supervisor.

The homeowner subsequently complained about the defendant's work to the Electrical Safety Office, which undertook an investigation. The defendant was interviewed and made admissions that he performed electrical work at the residence, and that he did not hold an electrical licence or a contractor licence.

Court result

The defendant was charged with performing electrical work while not the holder of an electrical work licence, and also for conducting a business or undertaking that included the performance of electrical work while not the holder of an electrical contractor licence. He pleaded guilty in the Gatton Magistrates Court on 11 July 2016 to breaching s.55(1) and s.56(1) of the Electrical Safety Act 2002.

Magistrate Damian Carroll fined the defendant $7500 and ordered professional and court costs totaling $1047.80. He also made an order that the defendant not offend against the Electrical Safety Act 2002 for a period of two years, with a recognisance in the sum of $2000 to be forfeited if convicted of such an offence within this period. No conviction was recorded.

In deciding penalty, Magistrate Carroll took into account the defendant's prior infringement notices and early plea of guilty.

Details