The Court convicted a PCBU (Acon Projects) of a Category 1 offence under s 31 of the WHS Act for gross negligence in exposing workers to a risk of death or serious injury from an unprotected three-metre fall edge at a residential construction site, imposing a fine of $480,000 (after 20% guilty plea discount from $600,000). The sole director, Mr Conditsis, was convicted of a Category 2 officer duty offence under ss 27(1)/32, with a fine of $20,000 after a 20% guilty plea discount and a further 50% reduction under s 6 of the Fines Act for impecuniosity. The Court found that the complete absence of documented safety systems, failure to maintain edge protection after removal of temporary barriers, and failure to conduct site inductions or identify hazards constituted gross negligence, with the risk being obvious, foreseeable, and easily preventable through straightforward measures.
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