Prosecution Details

Did class 2 demolition work at 217 Ewen Street, Woodlands without having been issued a class 1 or class 2 demolition license; contrary to regulation 3.117(2) of the Occupational Safety and Health Regulations 1996 made under the Occupational Safety and Health Act 1984.

The accused operates a housing demolition business. Sometime before 27 May 2005 the accused was engaged to demolish a two storey house in Woodlands (The Premises). On 27 May 2005 the Accused demolished the Premises, reducing it to rubble that same day.

In regulating the performance of demolition work, the Occupational Safety and Health Regulations 1996 categorise different types of demolition work into different classes. Class 2, in relation to demolition work, means demolition work comprising the total or partial demolition of a building or structure that is less than 10 metres in height when measured from the lowest ground level of the building or structure to the highest part of the building or structure - but does not include the total or partial demolition of a single storey dwelling. As the house in question was a two storey dwelling and was less than 10m in height, its demolition was Class 2 demolition work.

The Accused had not been issued with either a Class 1 or Class 2 demolition licence. It is an offence under the Regulations to carry out Class 2 demolition work without having been issued either a Class 1 or Class 2 demolition licence.

The Accused was previously issued with a prohibition notice by Worksafe in July 2004 in connection with the Accused's intention to unknowingly carry out Class 2 demolition work without having been issued either a Class 1 or Class 2 licence.

The Accused did not attend court on 21 July 2006. The court was, however, satisfied the accused had been served with the prosecution notice and summons and so heard and determined the charge in the accused's absence, in accordance with Section 55 of the Criminal Procedure Act 2004, with a conviction being recorded.

Convicted