EnergySafe Magazine Spring 2015, issue 41 | Page 6

06

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$77,500 fine for unregistered,
unlicensed electrical work
By John Murphy, Solicitor Prosecutions
A Victorian company and its director
have been convicted and fined a total
of $77,500 after carrying out electrical
work when unregistered and unlicensed.
In October Mark Bailey pleaded guilty
to a number of charges in Ballarat Magistrates’
Court after offering to install solar electricity
power systems and wind generators while
trading as Bailey Designed Engineering Pty Ltd
during 2012 and 2013.
ESV investigated Mr Bailey after receiving
complaints about the quality of work performed
by the company from the owners of properties
in Elphinstone, Creswick, Lal Lal and Grenville.
The company was not a registered electrical
contractor and although it had engaged an REC
to carry out some work, other contracting and
electrical installation work was carried out by
unregistered and unlicensed persons.

ESV was particularly concerned by
allegations that workers at the company
carried out the removal of electrical
equipment by cutting live conductors
and leaving bare live ends.
Mr Bailey and the company were charged
with carrying out electrical contracting work
when the company was not registered,
engaging unlicensed persons to carry out
electrical work and failing to ensure adequate
precautions were taken to prevent electric
shock or other injury in the handling of
electrical circuits.
Further charges were laid for failing
to supply information to ESV as requested.
In the course of the hearing, the Magistrate
commented that as sole director of the
company, Mr Bailey had the responsibility
to ensure his staff and workers complied
with the Electricity Safety Act 1998.
Mr Bailey was convicted and received

a personal fine of $12,500 because his
actions threatened public safety. By the
time the hearing took place Bailey Designed
Engineering Pty Ltd had been put into
liquidation, however, ESV persisted with
charges because the company was still
registered, resulting in a $65,000 fine.
Placing companies into liquidation
or administration does not prevent criminal
prosecution and it is for the liquidators,
or court-appointed administrators,
to decide how to deal with the offences.
ESV is committed to prosecuting
unlicensed and unsafe workers whether
they are companies or individuals.

Click here to find out more
about how ESV enforces
electricity legislation