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Autumn 2016 energysafe issue 43
21
Prosecutions and infringements
ESV has recently taken legal proceedings against the following individuals and companies . »»
Mark Bailey , of Alfredton , unemployed , appeared in Ballarat Magistrates ’ Court charged with three counts of carrying out electrical contracting work when unregistered , two counts of employing an unlicensed person and failing to take precautions to prevent electric shock or injury in the handling of electric circuits . Bailey also failed to comply with a demand to supply information . He was convicted and fined $ 12,500 along with $ 1673 costs .
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Bailey Designed Engineering , a company formerly of Ballarat , was charged with the same offences as Mark Bailey and convicted and fined $ 65,000 .
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Nathan Ross of Ferntree Gully , REC and LEIW , appeared in Ringwood Magistrates ’ Court charged with carrying out electrical work that made a building unsafe , failing to have prescribed electrical work inspected and failing to carry out prescribed electrical testing as required . Ross was fined $ 2500 without conviction and ordered to pay $ 1770.28 costs .
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Wayne Wigg of Ararat , Plumber , appeared in Ararat Magistrates ’ Court charged with carrying out electrical work when not licensed and carrying out electrical work that made a building unsafe . Wigg was fined $ 2000 without conviction plus $ 1500 costs .
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Novica Saponja of Vermont , LEIW , was charged with offering to carry out electrical work when not registered , two counts of carrying out electrical contracting work when not registered , carrying out electrical installation work that did not comply with the Act and Regulations and failing to complete a COES . Saponja was convicted and fined $ 3000 plus $ 2693.52 costs .
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Michael Dilley of Carlingford NSW , LEIW , appeared in Geelong Magistrates ’ Court charged with carrying out electrical contracting work when not registered and failing to complete a COES . Dilley was convicted but the charges were dismissed under Section 76 of the Sentencing Act .
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Adam Wallison of Mt Martha , REC , appeared in Melbourne Magistrates ’ Court charged with giving information to ESV in a COES that was misleading and failing to have prescribed electrical installation work inspected . Wallison was convicted and fined $ 10,000 plus $ 1666 costs .
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Vincent Fiumara of Forrest Hill , LEIW , appeared before Heidelberg Magistrates ’ Court charged with carrying out electrical installation work that did not comply with the Act and Regulations . Fiumara was also charged with signing a compliance certificate that did not have all required details entered . He was released on an undertaking to be of good behaviour for six monhths .
Infringement notice summary
Infringement notices 2016 Types of infringement notices issued
Jun 15
Jul 15
Aug 15
REC LEW Other
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Lilvin Electrics Pty Ltd of Forrest Hill , REC , appeared before Heidelberg Magistrates ’ Court charged with permitting a person to carry out electrical installation work that did not comply with the Act and Regulations . The company also failed to provide a COES to ESV . It was released on an undertaking to be of good behaviour for six months and ordered to make a payment of $ 300 to the court fund along with $ 1200 costs .
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Justin Waldie of Toolern Vale , unlicensed , appeared in Broadmeadows Magistrates ’ Court charged with offering to carry out electrical contracting work when not registered , carrying out electrical contracting work when not registered and carrying out plumbing work when not licensed or registered . He was fined $ 5000 without conviction .
Sep 15
Oct 15
Offence code
Nov 15
Offence
Dec 15
Penalty
Feb 16 |
LEW |
6219 |
Non-complying installation work |
$ 758 |
|
LEW |
6219 |
Non-complying installation work |
$ 758 |
|
LEW |
6228 |
Fail to complete certificate within time |
$ 152 |
|
LEW |
6229 |
Fail to give certificate within time |
$ 152 |
|
LEW |
6242 |
Fails to give certificate within time |
$ 152 |
|
OTHER |
6242 |
Fails to give certificate within time |
$ 152 |
|
LEW |
6243 |
Fails to lodge copy with the Office |
$ 152 |
|
LEW |
6243 |
Fails to lodge copy with the Office |
$ 152 |
Jan 16
Feb 16
Mar 16
Apr 16
Total 4 11 14 2 10 0 4 8 15 5 7 80
OTHER 6243 Fails to lodge copy with the Office $ 152 OTHER 3592 Unauthorised uncover or expose gas pipe $ 303 OTHER 3593 Unauthorised uncover or expose gas pipe $ 1517 LEI 1504 Fails to notify defects $ 303 LEI 1504 Fails to notify defects $ 303 LEI 1504 Fails to notify defects $ 303 LEI 1504 Fails to notify defects $ 303
Mar 16 LEW 6228 Fail to complete certificate within time $ 152 REC 6233 Fail to have connected work inspected $ 607 REC 6242 Fails to give certificate within time $ 152 REC 6242 Fails to give certificate within time $ 152 OTHER 6243 Fails to lodge copy with the Office $ 152
Apr 16 REC 6227 Fail to disconnect equipment from supply $ 607 LEW 6225 Fail to remove unsafe equipment $ 607 REC 6233 Fail to have connected work inspected $ 590 REC 6233 Fail to have connected work inspected $ 607 REC 6242 Fails to give certificate within time $ 152 LEW 6402 Person comes too close to aerial line $ 303 LEI 1504 Fails to notify defects $ 303
Total
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Bradley Yarwood of Ballarat , LEIW , appeared in Ballarat Magistrates ’ Court charged with six counts of installing unsafe electrical equipment , nine counts of carrying out electrical installation work that did not comply with the Act and Regulations ; failing to complete a COES and failing to describe all of the work carried out on a Certificate of Compliance . Yarwood was fined $ 1250 without conviction and ordered to pay $ 2000 costs .
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Yarwood ( Ballarat ) Pty Ltd , LEIW , was charged with the same offences as Bradley Yarwood . The company was fined $ 12,500 with conviction and a further order that the directors of the company be jointly and severally liable for the fine .