Disciplinary hearings

Disciplinary Hearings - February - March 2019

Date published:

Disciplinary Hearings - February - March 2019

The following is a summary of the hearings held by the Board during February and March 2019.

MonthFindingPenalty

February

Three electrical workers were disciplined. One was required to undergo remedial training as a result.

Blake Smith
EW123220
Electrician

Mr Smith carried out prescribed electrical work in a negligent manner and failed to have high risk prescribed electrical work inspected. He also provided a false or misleading certificate of compliance and filed to provide an electrical safety certificate.
More detail on the case is provided in the Notable Decisions section of the Electron.

Mr Smith was fined $3,000 and ordered to pay costs of $1,000. The fine and level of costs reflected the fact that Mr Smith did not cooperate with the investigation or appear to answer for his conduct.

Practitioner 2

The electrical worker, an electrician, was found to have carried out prescribed electrical work in a negligent manner by having failed to install a MEN link in a switchboard. The electrical worker was also found to have provided a false or misleading certificate of compliance.
More detail on the case is provided in the Notable Decisions section of the Electron.

The Board imposed a training order which required the electrical worker to pass various specified assessments within a prescribed time frame. He was also ordered to pay $500 in costs. The costs were reduced on the basis of the electrical workers cooperation which included agreement to the matter being dealt with on the basis of an agreed statement of facts, this meant witnesses did not have to be called to give evidence. 

Practitioner 3

The electrical worker, an electrician, was found to have committed a disciplinary offence by failing to provide a certificate of compliance for prescribed electrical work he had carried out.
More detail on the case is provided in the Notable Decisions section of the Electron.

The electrical worker was censured and ordered to pay costs of $500. The costs were reduced on the basis that the matter was dealt with by way of an agreed statement of facts.

March

Four electrical workers were disciplined. One was ordered to undergo remedial training.

Practitioner 1

The electrical worker, an electrician, was disciplined for failing to test prescribed electrical work which resulted in a hot water cylinder being left without an earth for two years before it was discovered by another electrical worker. The Board found that the electrical worker had negligently created a risk of serious harm or significant property damage. It also found that the electrical worker had provided a false or misleading certificate of compliance.
More detail on the case is provided in the Notable Decisions section of the Electron.

The electrical worker, in his defence to the complaint, had shown a lack of understanding of the issues. As such the Board that he complete Board’s regulatory exam within a specified time frame. Given the seriousness of the matter he was also fined $1,500. The Electrical Worker was ordered to pay costs of $500. The costs were reduced on the basis that the matter proceeded on the basis of an agreed statement of facts.

Practitioner 2

The electrical worker, an electrician, was found to have been negligent by certifying prescribed electrical work that he did not carry out or test at multiple properties. He was also found to have allowed an unauthorised person to carry out prescribed electrical work and to have provided false or misleading certificates of compliance.

The electrical worker undertook to test and recertify the installations at his cost. The Board decided that if he did then the fine would be $500. If not, the Board would reassess the penalty. Costs of $500 were ordered. The costs were reduced on the basis that the matter proceeded on the basis of an agreed statement of facts.

Practitioner 3

The electrical worker refused to provide certification for prescribed electrical work that he had carried out. The Board found that he had committed disciplinary offences under section 143(f) of the Act.

The Board imposed a fine of $2,500 and ordered that the electrical worker pay costs of $1,000. The Board took into account the belligerent manner of the electrical worker in setting the fine and costs. Publication was ordered but is subject to an appeal being determined.

Practitioner 4

The electrical worker was found to have provided a false or misleading return under section 143(f) of the Act in relation to combined certificate of compliance and electrical safety certificate that had been pre completed and issued prior to the prescribed electrical work being checked by the authorised person.

The electrical worker was fined $500 and ordered to pay costs of $1,000. The matter proceeded as a defended hearing and the costs order reflected this.