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Prosecution Details

Offender Primejade Holdings Pty Ltd (ACN 062 160 552)


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Charge Charge Number Offence Date Date Convicted Regulation Section Penalty Provision Penalty Imposed Date Sentenced
1 Unknown at time of publication 6 January 2008 28th October 2010 3A(3)(b)(i) $25,000.00 28th October 2010
Description of Breach(es)

Being a principal who in the course of trade or business engaged a contractor to carry out work for it, failed to provide and maintain, so far as practicable, a working environment in which the contractor was not exposed to hazards, being matters over which the principal had the capacity to exercise control, and by that failure caused serious harm to the contractor contrary to sections 19(1), 23D and 19A(2) of the Occupational Safety and Health Act 1984

Background Details

The Accused is a commercial property owner that owns and manages Meadow Springs Boulevard Shopping Centre at 25 Meadow Springs Drive in Mandurah.   The Accused employed a contractor to provide maintenance and gardening services for the Meadow Springs Boulevard Shopping Centre.

Many of the small stores at the shopping centre do not require a ceiling as high as the complex itself and consequently have a false ceiling.   In late December 2007, the contractor was requested to place bags full of Christmas decorations on the top of a particular store's false ceiling, approximately 4 metres above the floor.  This involved placing a ladder against the side of the store, picking up the bags and walking up the ladder like a stairway.  The bags would then be placed on top of the store's false ceiling and the contractor would climb back down the ladder.

On the 6 January 2008 the contractor had picked up two bags in one hand and walked up the ladder towards the top of the particular store.  When the contractor reached about three rungs from the top, the base of the ladder slid away from the wall, causing the top of the ladder and the contractor to fall to the ground.  The contractor sustained fractures to his right heel and left wrist and a torn shoulder tendon.

Outcome Summary

The Accused pleaded guilty

Court Magistrates Court of Western Australia - Perth
Costs $1420.70

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