Breaches of the Electrical Safety Act

Under the Electrical Safety Act 2002 (the Act), you must meet your electrical safety obligations by complying with regulations, ministerial notices or codes of practice.

A purpose of the Act is to ensure safety around electricity. The Act can impose a range of penalties for non-compliance.

Maximum penalties

If the breach causes multiple deaths: 2000 penalty units or three years jail.

If the breach causes death or grievous bodily harm: 1000 penalty units or two years jail.

If the breach causes bodily harm: 750 penalty units or one year’s jail.

Otherwise: 500 penalty units or six months jail.

A penalty unit has a dollar value determined by the Queensland Department of Justice and Attorney-General. At the date of publication, the value of a penalty unit was $100. Under the Penalties and Sentences Act 1992, if a corporation is found guilty of an offence, the Court may impose a maximum fine of an amount equal to 5 times the maximum fine for an individual.

Defences

Valid defence

You may be able to provide a valid defence if you are charged with a breach of obligation under the Act by:

• establishing that the offence was due to causes beyond your control (Section 46)
• establishing that you chose an appropriate way, took reasonable precautions and exercised proper diligence to discharge the safety obligation, where there was no regulation, ministerial notice or code of practice that told you how to meet your obligation under the circumstances (Section 47).

Invalid defence

Sections 23 (Intention – motive) and 24 (Mistake of fact) of the Criminal Code Act 1899, dealing with accidental acts or omissions, or a mistaken belief, are not a valid defence.