Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

SECTION 4
MENG DEVELOPMENTS PTY LTD
Date of offence: Between 28 November 2000 and 26 June 2001
Date of appeal:
Justice:
Plea:
1 December 2005 at the Court of Criminal Appeal
The Honourable Justice Williams
No plea
Meng Developments Pty Ltd lodged an application for judicial review of the decision from His
Honour Judge Dyett. On 11 November 2004, His Honour dismissed Meng Developments Pty Ltd’s
appeal against the sentencing order of His Honour Magistrate Walter made on 27 April 2004 at
Ringwood Magistrates’ Court when His Honour convicted and fined Meng Developments Pty Ltd an
aggregate sum of $12,000.
On 28 November 2000, a WorkSafe inspector attended a multi-residential unit construction site in
Lilydale. The inspector established the site was under the control of Peter Schierholter (a director
of Meng Developments Pty Ltd). The inspector observed an electrical extension lead being run from
a neighbouring dwelling across the ground onto the construction site. The inspector also observed
that there were no site sheds, toilets and no provision for drinking water at the site.
On 23 January 2001, a WorkSafe inspector observed that the electrical extension cords and power
tools were not tagged to demonstrate they had been tested pursuant to the relevant Code of
Practice, and a temporary electrical switchboard used to power the site did not comply with the
Code of Practice.
On 23 February 2001, two WorkSafe inspectors attended the site in response to a complaint of
unsafe work at height and other safety issues. Further breaches regularly occurred in relation to
various prohibition notices not being remedied.
On 26 June 2001, Schierholter told a WorkSafe inspector that he was banned from the site, at which
point Schierholter was informed it was an offence to obstruct a WorkSafe inspector.
Breach: Sections 21(1) & (2)(a) (four charges) and sections 21(1) & (2)(d) (two charges) of the
Occupational Health and Safety Act 1985.
Result: The application was refused.
134PROSECUTIONS 2005