Unlicensed electrical work on a false licence scores fine

A man who altered another person’s electrical worker’s licence to gain work was recently fined $2500 for working without a licence and $500 for misrepresenting his qualifications to his former employer.

Wayne Edmund Groves pleaded guilty in the Southport Industrial Magistrates Court to unlicensed electrical work and making representations that he could lawfully do electrical work that may only be done by a licensed electrical worker.

Mr Groves’ employer notified the Electrical Safety Office (ESO) in July 2007 that Mr Groves may have used another electrical worker’s licence to obtain work.

Mr Groves admitted he had done so to obtain employment as an electrical mechanic, and had performed electrical work as an employee. As a result of the investigation, Mr Groves’ employment was terminated.

Industrial Magistrate, Mr O’Driscoll, heard that Mr Groves completed an apprenticeship in Victoria and acquired a worker’s permit allowing him to perform electrical work under supervision. This permit expired in 1985 and he held no other electrical licence.

The quality of work performed by Mr Groves was not in question, and there was no evidence his work was below standard. Although not strictly relevant to the charges, the prosecution submitted this could be considered in Mr Groves’ favour.

The court was told the defendant had been co-operative, and shown genuine remorse during the investigation.

Mr Groves, who was self-represented, said he had committed the offences in order to gain employment. He had completed an electrical apprenticeship in Victoria and spent most of his adult life working within the electrical industry.

The Industrial Magistrate in considering an appropriate penalty recognised there was no real precedent because the circumstances were unique. Further, Mr Groves had no prior convictions.

Because he had co-operated with the investigation, had entered an early plea of guilty and was now unemployed, Mr O’Driscoll ordered a conviction should not be recorded.

However, Mr O’Driscoll was clear that although the investigation was not a result of any incident or injury, the defendant’s conduct remained serious because the Electrical Safety Act 2002 and Electrical Safety Regulation 2002 (PDF File, 1.02 MB) with respect to licensing must be adhered to strictly.

In addition to the fines, Mr Groves was also ordered to pay investigation and court costs. In default of payment he would face 10 days imprisonment.

According to ESO Executive Director Peter Lamont, “It is understandable that people will want to find gainful employment. However, this can be no excuse for ignoring the electrical licensing regime in Queensland. Even if someone is competent and capable of performing electrical work, a failure to meet licensing requirements is regarded as serious. Enforcement action will be taken and there is a likelihood matters will end up in Court”.