Energy Safe Victoria v Ouyen and District Plumbing Service Pty Ltd
Date of Outcome
15 May 2025 at Mildura Magistrates Court.
Summary of Conduct
Ouyen and District Plumbing Service Pty Ltd (Ouyen Plumbing) pleaded guilty to a single charge under s.73(1) of the Gas Safety Act 1997 in relation to carrying out work on a complex gas installation and failing to obtain acceptance from Energy Safe Victoria before commissioning it for use.
In late November 2023, Ouyen Plumbing were engaged to install a new Cookrite ATFS-90 gas three burner deep fryer in a commercial kitchen in a Hotel in Murrayville in regional Victoria.
The Hotel was a class 6 building, supplied by gas from a large LPG tank at the rear of the premises. There were seven gas supply points connected to the installation, and the combined effect of this, the class of the building and total gas consumption meant the installation was a complex gas installation.
In late December 2023, approximately one month after the Cookrite deep fryer was installed, a gas explosion occurred in the kitchen when the deep fryer was being ignited by a kitchen worker for meal service. The explosion injured the worker and caused a fire that damaged the kitchen. Emergency services attended to extinguish the fire and in doing so they disconnected the Cookrite deep dryer and pulled it away from the where it was located.
Energy Safe commenced an investigation which identified that gas acceptance had not been obtained by Ouyen Plumbing for the complex gas installation before it was commissioned for use.
Court Outcome
The Court imposed a 12-month adjourned undertaking with a Court Fund contribution of $1000.
Act or Regulation
- Section 73(1) of the Gas Safety Act 1997
Date of Outcome
17 February 2025 at Melbourne Magistrates’ Court
Summary of Conduct
Petar Vasilev pleaded guilty to a charge under the Electricity Safety Act 1998 for providing false information to an Energy Safe Victoria Enforcement Officer.
In July 2021, Petar Vasilev trading as Propumpz, installed a pump with a grey control box built by him that was electronically connected to the pump, at Boronia property. The pump and grey control box were connected to the tank water supply at the property and the grey control box contained the mechanism to enable the property to bypass to mains water in the event of a power outage or low water supply in the tank. When the pump and grey control box failed, and the property had to be manually connected to the mains water supply, the property owner complained to Energy Safe Victoria.
An Energy Safe Victoria Enforcement Officer investigated and issued a Notice under s.134(3) of the Electricity Safety Act 1998 requiring Peter Vasilev to provide information about who manufactured and installed the grey control box attached to the pump. Peter Vasilev provided false information to the Enforcement Officer in his response to the Notice by stating he did not supply or install the grey control box at the Property.Court Outcome
The Court imposed a fine of $1000 without conviction.
Act or Regulation
- Section 135(a) of the Electricity Safety Act 1998
Date of Outcome
7 February 2025 at Broadmeadows Magistrates’ Court
Summary of Conduct
Accurate Plumbing (Vic) Ptd Ltd pleaded guilty to two charges under the Gas Safety Act 1997 for failing to comply with the prescribed standards for work on a gas installation and failing to comply with an Improvement Notice issued by an Energy Safe Victoria Gas Inspector.
Between January 2021 and November 2021 Accurate Plumbing (Vic) Ptd Ltd carried out gas fitting works for the new build of a shopping centre in Craigieburn. The work included the installation of the main gas line, which was a complex gas installation, that the individual tenancies within the shopping centre would later connect to.
In March 2023, an Energy Safe Victoria Gas Inspector was assessing the gas installation at one of the tenancies and identified that some of the complex gas installation work carried out by Accurate Plumbing (Vic) Ptd Ltd was not compliant with the prescribed standards.
An Improvement Notice was issued by an Energy Safe Gas Inspector requiring Accurate Plumbing (Vic) Ptd Ltd to rectify the non-compliant works by mid-April 2023.
Accurate Plumbing (Vic) Ptd Ltd did not comply with the Improvement Notice.
Court Outcome
The Court imposed a fine of $4000 without conviction.
Act or Regulation
- Section 72(2) of the Gas Safety Act 1997
- Section 111(1) of the Gas Safety Act 1997
Date of Outcome
4 February 2025 at Ringwood Magistrates’ Court
Summary of Conduct
PDI Civil pleaded guilty to two charges under the Gas Safety Act 1997 in relation to negligently breaking a gas pipeline and carrying out upstream work without approval.
In June 2023, PDI Civil Pty Ltd were carrying out excavation work for the installation of electrical conduit in a pole to pit installation in a suburban Street in Surrey Hills when they broke a gas service line which is owned by a gas company.
Instead of notifying the gas company owner of the broken gas service line, PDI Civil Pty Ltd attempted to repair it using an unapproved water fitting, duct tape and rag. They then completed the installation, backfilled the trench and later issued an invoice for their work.
Between June 2023 and November 2023, a smell of gas was detected in the vicinity by a local resident who reported it to the gas company owner.
The gas company attended and uncovered the excavation area. They identified the damaged and leaking gas pipeline with the unapproved fitting, which they replaced with an approved fitting, and repaired the gas leak.
The gas company reported the matter to Energy Safe Victoria, who commenced an investigation and determined that PDI Civil Pty Ltd did not have authority from the gas company or Energy Safe Victoria to carry out works to the gas service line.
Court Outcome
The Court imposed the following fines with conviction:
Charge 1: $7000 – Negligently breaking the gas pipe
Charge 2 : $13,000 – Carrying out upstream work without approval.Act or Regulation
- Section 79D of the Gas Safety Act 1997
- Section 66 of the Gas Safety Act 1997
Date of Outcome
5 September 2024 at Broadmeadows Magistrates’ Court
Summary of Conduct
In April 2023, IQ Plumbing Solutions Pty Ltd were engaged to carry out plumbing and hydraulic works to facilitate the new build of a petrol station in Craigieburn. As part of this, IQ Plumbing Solutions Pty Ltd excavated within 3 metres of a gas transmission pipeline without the approval of the gas company owner and operator Ausnet Services. During the excavation they hit and damaged the outer coating of the gas transmission pipe causing the tar enamel coating to chip.
Energy Safe Victoria Gas Inspectors attended at the site to investigate and oversee the repair works to the pipeline. Whilst onsite they observed nearby signage warning that a high-pressure gas pipeline was buried in the area and not to dig.
The damaged coating on the transmission pipeline had to be sandblasted off, a primer and epoxy coating placed on the pipline and testing carried out to ensure the integrity of the pipeline.
A BYDA plan had not been obtained before the excavation work commenced.
Court Outcome
The Court imposed a fine of $5000 without conviction.
Act or Regulation
- Section 79C(1) of the Gas Safety Act 1997
Date of Outcome
1 August 2024 at Werribee Magistrates’ Court
Summary of Conduct
Mr Modem, a director at a dessert manufacturer in Hoppers Crossing pleaded guilty to a single charge in respect of failing to comply with an Improvement Notice issued by an Energy Safe Gas Inspector.
In January 2023, an Improvement Notice was issued under section 110 of the Gas Safety Act 1997 by the Gas Inspector after he inspected the gas installation at the dessert manufacturing factory operated by Mr Modem and observed non-compliances with the relevant standards (AS/NZS 5601.1 2013) and two uncertified gas appliances (milk churners) in use and connected to the gas installation.
The Gas Inspector formed the opinion that the complex gas installation was not being maintained in a proper state of repair as required by the regulation 30 of Gas Safety (Gas Installations) Regulations 2018 and acceptance has not been provided by Energy Safe Victoria before the installation was commissioned as required by section 73 of the Gas Safety Act 1997.
The Improvement Notice required Mr Modem, within a specified timeframe, to “engage a suitably qualified and licensed gas fitter to assess the installation thoroughly, ensure the installation is compliant with the relevant standards make an application to Energy Safe Victoria for acceptance.”
The Gas Inspector conducted several follow up inspections and observed Mr Modem had not complied with the Improvement Notice within the required timeframe.
Court Outcome
Mr Modem was fined $2000 without conviction.
Act or Regulation
- Section 111 of the Gas Safety Act 1997
Date of Outcome
29 July 2024 at Mildura Magistrates' Court
Summary of Conduct
Mr Metin, a VBA licensed plumber and gasfitter, pleaded guilty to three charges relating to complex gas installation of a gas char grill in a restaurant kitchen in a Mildura Steakhouse.
In August 2023, Mr Metin installed and commissioned the new gas char grill at the Steakhouse without first obtaining acceptance under s.73 of the Gas Safety Act 1997 or submitting a statement of compliance as required by Schedule 11 of the Gas Safety (Installation) Regulations 2018 (Regulations). Additionally, the clearance distance between the overhead grease filter and the commissioned gas char grill did not comply with the prescribed standards AS/NZS 5601:1:2022 (Prescribed Standards) as required by the Regulations.
Clause 6.10.2.2 of the Prescribed Standards require the minimum clearance distance to be 1350mm. The actual distance between the char grill and overheard filters was identified to be 930mm.
Mr Metin later carried out further gas fitting work at the Steakhouse and left a gas line uncapped on completion of that work.
Court Outcome
Mr Metin was fined $1000 without conviction.
Act or Regulation
- Section 73(1) and section 72(2)(a) of the Gas Safety Act 1997
Date of Outcome
11 July 2024 at Werribee Magistrates’ Court
Summary of Conduct
MST1 Pty Ltd were found guilty of two offences relating to operating an excavator within the minimum clearance distance of a protected aerial line without the authority of the owner or operator; and damaging protected infrastructure where the damage caused a risk to a person or damage to property
On 25 July 2022, an MST 1 Pty Ltd employee was operating an excavator moving scrap metal around their Laverton Factory, when he hit the 22,000kV overhead protected aerial line with arm of the excavator.
The contact caused the aerial line to break and fall to ground. Fortunately, no one was injured, however due to the risk of a touch potential, the excavator driver had to remain in the excavator until the power company arrived onsite and confirmed the protected aerial line was de-energised and earthed. Repair work was later carried out by the power company to make the site safe and get the aerial line back into service.
MST 1 Pty Ltd went into liquidation in January 2024.
Court Outcome
MST 1 Pty Ltd (In liquidation) were fined $1500 without conviction.
Act or Regulation
- Regulation 612(1) and regulation 618(2)(a) of the Electricity Safety (General) Regulations 2019
Date of Outcome
18 June 2024 at Mildura Magistrates’ Court
Summary of Conduct
The accused pleaded guilty to a single charge under s. 221D of the Building Act 1993 for carrying out plumbing work of a particular class without being licensed or registered by the Victorian Building Authority to carry out such work.
In October 2022 the accused, who was a 4th year apprentice electrician, replaced the fan contactor (an electrical part that controls the operation of one of the fans) on an industrial almond drying machine at an orchard and produce processing facility in Carwarp. The dryer is a Type B gas appliance with a very large energy output.
It was later discovered that the fan connected to the fan contactor replaced by the accused was rotating in reverse, and that this had contributed to a potentially serious safety risk and ongoing problems with the running of the dryer.
Under the Plumbing Regulations 2018 the work the accused carried out to the Almond drying machine was Type B gasfitting advanced work and the accused was required to hold specialised plumbing registration to carry out this work.
There is an exemption under clause 38(2)(c) of the Plumbing Regulations that exempts electrical work which does not relate to the control of gas hazards from the definition of Type B gasfitting advanced work, however the exemption did not apply to the work the accused carried out to the fan contactor because that work did relate to the control of gas related hazards.
Court Outcome
The Court imposed an adjourned undertaking and ordered the accused to pay a $700 Court Fund contribution.
Act or Regulation
- Section 221D of the Building Act 1993
Date of outcome
8 March 2024 at Shepparton Magistrates’ Court
Summary of conduct
In November 2021, Powercor failed in its general duty to minimise the hazards and risks of bushfire, and to people and property, arising from its electricity network when it failed to inspect 4866 spans of electric line in Hazardous Bushfire Risk Areas around Shepparton and Horsham before the commencement of the 2021 to 2022 fire danger period.
Additionally, between October 2021 and September 2022, Energy Safe Victoria detected 140 instances in which Powercor had allowed vegetation to grow too close to powerlines. As a major electricity company, Powercor is required to maintain a minimum clearance space between trees and powerlines so as to minimise the risks of powerlines igniting fires, and their failure to do so placed communities throughout North and Western Victoria at risk.
On 17 February 2023, Powercor again failed in its general duty to minimise the hazards and risks of bushfire, and to people and property, arising from its network when it failed to clear vegetation it was aware for over two years had encroached on the minimum clearance space under a powerline in Glenmore in country Victoria. This failure ignited a fire that threatened homes, endangered people, burnt 185 hectares of property, and destroyed farming infrastructure and machinery.
Court outcome
Powercor pleaded guilty.
In sentencing Magistrate Bhai found the gravity of the offending was on the moderate-high end of the scale, and concluded that the respective failures to minimise the risk of fire ignition from its powerlines could have had disastrous consequences.
Powercor was fined $2.1 million and ordered to pay $25,000 in legal costs.
Act or Regulation
- Sections 90 and 98 of the Electricity Safety Act 1998
- Regulation 10(5) of the Electricity Safety (Electric Line Clearance) Regulations 2020
Date of outcome
25 March 2024 at Dandenong Magistrates’ Court
Summary of conduct
Seacombe Pty Ltd and Marcel Rappold each pleaded guilty to a charge under the Building Act 1993 (Vic) in relation to the servicing and repair work on a gas log fire in February 2021 undertaken by Mr Rappold on Seacombe’s behalf, in circumstances where Mr Rappold was not licenced or registered to perform this plumbing work.
Court outcome
Seacombe Pty Ltd was convicted and fined $4,000.
Marcel Rappold was convicted and fined $5,000.
Act or Regulation
Seacombe Pty Ltd
- Section 221H(3) of the Building Act 1993 (Vic)
Marcel Rappold
- Section 221D of the Building Act 1993 (Vic).
Date of outcome
20 March 2024 at Melbourne Magistrates’ Court
Summary of conduct
Mr Luke Warren was found guilty of 46 charges under section 148(1) of the Electricity Safety Act 1998 in relation to providing false and misleading information in a material particular to Energy Safe Victoria (Energy Safe).
The offences occurred between June 2019 and March 2020 when Mr Warren was the sole director of Pro Install Electrical Pty Ltd (Pro Install) and was knowingly concerned in the submission by Pro Install, of false information in Certificates of Electrical Safety (COES) to Energy Safe.
The 46 COES detailed the names and license numbers of licensed electrical workers who did not carry out the electrical work and were not employed by Pro Install at the time the COES were certified and submitted to Energy Safe.
Pro Install went into liquidation in April 2021.
Court outcome
Mr Warren was found guilty, fined $3000 and ordered to pay $1500 in costs.
In sentencing the Magistrate remarked on the fact that COES were an important tool in the electricity safety regime, and they were how Energy Safe tracked electrical work, and that when things go wrong electricity does not forgive.
Act or Regulation
- Section 148(1) of the Electricity Safety Act 1998
An appeal has been lodged with the County Court
Date of outcome
12 February 2024 at Sunshine Magistrates’ Court
Summary of conduct
Taylor Brady pleaded guilty to recklessly tampering with a meter assembly and failure to comply with prescribed standards. Mr Brady, a registered gasfitter, removed the outlet bend from the gas meter assembly and left the property without replacing the outlet bend on the gas meter assembly, sealing the outlet of the gas meter assembly or sealing the gas fitting line. The offending occurred at a property in St Albans in April 2021.
Court outcome
Taylor Brady was fined $1,800.
Which Act/Regulation
- Sections 79D and 72(1) Gas Safety Act 1997 (Vic)
Date of outcome
30 November 2023 at Sunshine Magistrates’ Court
Summary of conduct
Your Local Plumbing Group Melbourne Pty Ltd was found guilty of recklessly tampering with a meter assembly and failure to comply with prescribed standards. A plumber attending on the company’s behalf removed the outlet bend from the gas meter assembly and left the property without replacing the outlet bend on the gas meter assembly, sealing the outlet of the gas meter assembly or sealing the gas fitting line. The offending occurred at a property in St Albans in April 2021.
Court outcome
Your Local Plumbing Group Melbourne Pty Ltd was convicted and fined $20,000.
Act or Regulation
- Sections 79D and 72(1) Gas Safety Act 1997 (Vic)
Date of outcome
19 October 2023 at Dromana Magistrates Court
Summary of conduct
John Coburn, a Victorian Building Authority licensed plumber and gas fitter, was found guilty of 6 charges under the Gas Safety Act 1997 for offences which occurred in December 2020 at a Holiday Park in Dromana. The charges related to the complex gas installation of a Maytag gas dryer in a communal laundry at the holiday park which was carried out and commissioned without acceptance from Energy Safe Victoria, and for failing to comply with the prescribed standards (AS/NZS 5601.1) in relation to the gas dryer complex gas installation.
The non-compliances with prescribed standards related to:
- the consumer piping
- flue clearance from a combustible surface
- flue support
- lint removal access opening
- failing to display the dryer’s operating instructions.
Court outcome
John Coburn was fined $1,500 without conviction.
Act or Regulation
- Sections 72(2)(a) and 73(1) of the Gas Safety Act 1997
Date of outcome
11 October 2023 at Frankston Magistrates Court
Summary of conduct
United Energy were found guilty of 24 charges under s. 90 of the Electricity Safety Act 1998 for failing to maintain vegetation clearances around power lines on its electricity network on the Mornington Peninsula and south east of Melbourne
Under the Electricity Safety Act 1998, United Energy have an obligation to keep the whole or any part of a tree clear of an electric line within its distribution area.
The offences occurred in hazardous bushfire areas across the Mornington Peninsula and south-eastern suburbs including Langwarrin, Pearcedale, Somerville, Crib Point, Bittern, Tyabb, Balnarring, Tuerong, Dromana, Main Ridge, Moorooduc, Cranbourne South and Mount Martha and related to inspections by Energy Safe compliance officers during the 2021-2022 season.
Court outcome
United Energy was convicted and ordered to pay an aggregate fine of $80,000 plus costs of $13,200.
Act or Regulation
- Section 90 of the Electricity Safety Act 1998
Date of outcome
17 August 2023 at Frankston Magistrates’ Court
Summary of conduct
Mark Haworth was found guilty of failing to comply with a prescribed standard in relation to the replacement of a thermocouple and reconnection of a gas feeder tube on a gas stovetop, which resulted in the gas installation being unsafe for use upon completion of his work. It was also identified that he was not licensed to carry out the gas fitting work. The offence occurred in July 2021 at a residential property in Mount Martha.
Court outcome
Mark Haworth was fined $600 without conviction.
Act or Regulation
- Gas Safety Act 1997 (Vic): section 72(2)
Date of outcome
10 August 2023 at Ringwood Magistrates’ Court
Summary of conduct
J.L. Hutt Electrical and its director, Jason Hutt, together with Austin Calverley (licensed electrical installation worker and on-site supervisor) were found guilty of various offences relating to the electric shock and resulting injuries sustained by an unsupervised electrical apprentice, after touching a live junction box.
The apprentice was working alone under a house completing rewiring work near energised electrical circuits. The on-site supervisor was on the roof and not providing direct supervision.
JL Hutt Electrical was also found guilty of breaching the Occupational Health and Safety Act in related proceeding brought by WorkSafe.
Court outcome
J.L. Hutt Electrical and Jason Hutt received fines and incurred costs totalling $30,599 in relation to the prosecutions brought by Energy Safe and WorkSafe. Austin Calverley was fined $2,500.
Act or Regulation
- Sections 35(3) and 43(4) of the Electricity Safety Act 1998 (Vic)
- 262, 401(2) and 507(1) of the Electricity Safety (General) Regulations 2019 (Vic)
Date of outcome
10 July 2023 at Melbourne Magistrates’ Court
Summary of conduct
Hydroxygas Pty Ltd and its director Renaud Kobrynski, were found guilty of failing to comply with a Direction issued by the Chairperson of Energy Safe under s 141(2) of the Electricity Safety Act 1998 (Vic), relating to an unsafe electrical installation (a Battery Energy Storage System (BESS)) at a Footscray Factory in November 2021.
The BESS was re-connected to the main switchboard at the factory after it had been disconnected by ESV due to safety concerns and in contravention of the Direction.
Court outcome
Hydroxygas and Renaud Kobrynski were convicted and fined $50,000 and $10,000 respectively for breaching the Direction.
Act or Regulation
- Sections 38 and 141(4) of the Electricity Safety Act 1998 (Vic)
Date of outcome
22 June 2023 at Frankston Magistrates’ Court
Summary of conduct
Scott Civil Construction Pty Ltd was found guilty of carrying out excavation work within three metres of a gas transmission pipeline without the authority of the gas company owner or operator, at the property in Frankston South in September 2020.
Court outcome
Scott Civil Construction Pty Ltd was fined $1,700
Act or Regulation
- Section 79C of the Gas Safety Act 1997 (Vic)
Date of outcome
8 May 2023 at Werribee Magistrates’ Court
Summary of conduct
Keenan Grobler was found guilty of ten charges under the Electricity Safety Act 1998 (Vic) and nine charges under the Building Act 1993 (Vic) in relation to the installation of split system air-conditioners and light fittings at five different properties, in circumstances where he was not licenced or registered to perform these electrical and plumbing works.
Court outcome
Keenan Grobler was convicted and fined $10,000.
Act or Regulation
Section 38(a) of the Electricity Safety Act 1998 (Vic)
Section 221D(1) of the Building Act 1993 (Vic)
Date of outcome
10 March 2023 at Melbourne Magistrates’ Court
Summary of conduct
Pro Install Electrical Pty Ltd was found guilty of 47 charges in relation to the submission of false and misleading information to Energy Safe Victoria.
The offences occurred between June 2019 and March 2020 and related to the false nomination of a Technical Supervisor without their consent and knowledge, and the lodgement of Certificates of Electrical Safety using names and license numbers of licensed electrical workers who did not carry out or supervise the electrical installation work which occurred.
Court outcome
Pro Install was convicted and fined $12,000.
Pro Install went into liquidation in April 2021.
Act or Regulation
- Section 148(1) of the Electricity Safety Act 1998 (Vic)
Date of Outcome
14 December 2022 at Melbourne Magistrates’ Court
Summary of conduct
Airconic Pty Ltd was found guilty to failing to ensure gas fitting work complied with AS/NZS 5601.1-2013 in relation to a gas pipe failing to hold pressure during a pressure test which was connected to a 10 burner cooker in a commercial kitchen in Brunswick in October 2020.
The Court reprimanded Airconic Pty Ltd and stated they need to ensure they comply with all the required standards and legislative requirements because there are important safety reasons as to why these standards are in place and there can be serious consequences when gas pipes leak.
Court outcome
The matter was found proven by the Court however no penalty was imposed pursuant to section 76 Sentencing Act 1991, because the Court took into consideration Airconic Pty Ltd’s early plea of guilty, no prior criminal history and the fact gas pipe was rectified so that it held pressure.
Date of Outcome
9 November 2022 at Geelong Magistrates’ Court
Summary of conduct
William Greig was charged with:
- Failing to comply with prescribed standards and requirements for work on gas installation, and
- Proving false or misleading information.
In April 2021, the offender installed a char grill (Type A appliance) and a gas fitting line for a commercial kitchen (a complex gas installation) at commercial premises in Ocean Grove. Prior to the works being undertaken ESV completed a technical review of the gas application and provided the offender with several links to gas technical information sheets, which, among other things, alerted the installer to check the clearance between the gas appliance and the exhaust canopies.
In May 2021 the offender certified that the gas installation was complete and met the requirements of the Gas Safety Act.
An inspection by ESV in May 2021 identified a non-compliance, with the clearance between the char grill and the gas canopy being 1230mm, less than the prescribed minimum clearance of 1350mm.
The offender failed to pay a $661 infringement notice issued by ESV, prompting ESV to commence proceedings in the Magistrates’ Court.
The offender did not attend Court and the matter was heard in his absence.
Court outcome
Convicted and fined.
- In relation to charge 1 the accused was fined $1,200 and ordered to pay statutory costs of $131.50.
- In relation to charge 2 the accused was fined $2,000.
Act or Regulations
- Section 72(2) of the Gas Safety Act 1997 (Vic)
- Section 117 of the Gas Safety Act 1997 (Vic)
Date of Outcome
13 October 2022 at Geelong Magistrates’ Court
Summary of conduct
Lara Plumbing Pty Ltd was found guilty of knowingly tampering with a gas meter, by moving a gas meter without the permission of the meter owner.
Court outcome
Lara Plumbing Pty Ltd was convicted and fined $7,500.
Act or Regulation
- Section 79D Gas Safety Act 1997 (Vic)
Date of Outcome
10 October 2022 at Werribee Magistrates Court
Summary of conduct
ESV laid charges against Ridgewater Plumbing Pty Ltd under the Gas Safety Act 1997 in relation to non- compliance with an Improvement Notice issued in relation to a complex gas installation and providing false and misleading information to ESV .
In 2017 Ridgewater Plumbing Pty Ltd was engaged to install a commercial kitchen at a takeaway food premises in Hopper’s Crossing which involved a complex gas installation of type B gas appliances.
An audit of the site on 8 May 2019 by an ESV Inspector showed multiple non-compliances with the Gas Safety Act 1997 and the Gas Safety (Gas Installation) Regulations 2018 in relation to the complex gas installation namely an exposed PEX pipe, a deformed limited flex connector, clearance, buffer and ventilation issues.
An Improvement Notice was subsequently issued and served on Ridgewater Plumbing Pty Ltd directing certain works in relation to the complex gas installation be carried out within a specified date.
In January 2020, Ridgewater Plumbing Pty Ltd notified ESV that all works required by the Improvement Notice had been completed.
A inspection by ESV Inspectors in February 2020 showed only one item on the Improvement Notice had been complied with and further non- compliances with the installation were identified.
The Improvement Notice was later complied with.
The Magistrate when handing down sentence for both offences stated there were community safety considerations behind the complex gas installation processes which needed to be complied with.
Court Outcome
Ridgewater Plumbing Pty Ltd were fined $5000
Act or Regulation
- Sections 111 and 117 Gas Safety Act 1997 (Vic)
Date of outcome
24 February 2022 at Sunshine Magistrates’ Court
Summary of conduct
Parvinder Singh was convicted of offences under 221F of the Building Act, for carrying out specialised plumbing work when he was not licensed or registered with the VBA to carry out that class of work. The accused pleaded guilty to the offence. ESV’s sentencing submissions highlighted the seriousness of the offence, the safety reasons for requiring the specialised training and licensing, that Singh’s poor practices were a direct result of not having undergone that training, and the potential danger to the occupants.
Court outcome
Singh was convicted and fined $1,500.
Act or Regulation
- Section 221F of the Building Act 1993 (Vic)
Date of outcome
9 February 2022 at Heidelberg Magistrates’ Court
Summary of conduct
Byrne advised a householder that an existing gas meter was inside the building outline of a renovation and required moving. Byrne accepted the owner’s assurances that all necessary permissions had been granted and so relocated it because the:
weather was cold and the residents needed gas for heating and cooking
gas company had foreshadowed removal of supply and relocation of the meter some weeks after the building works were completed
The gas company had not given permission for the meter to be moved.
Court outcome
Byrne was granted Diversion with the following conditions:
- Be of good behaviour until 9 February 2023; and
- Pay $1,000 to the Court fund.
Act or Regulation
- Sections 79D and 66 Gas Safety Act 1997 (Vic)
Date of outcome
13 December 2021 at Melbourne Magistrates’ Court
Summary of conduct
ESV laid charges against Powercor under section 98 of the Electricity Safety Act after the St Patrick’s Day fires at Terang for failing to comply with its general duty and exposing individuals to hazards and risks including bushfire risk. This case was the first of its kind under the Electricity Safety Act.
On the evening of 17 March 2018, a day which had been declared as a Total Fire Ban day and had a severe fire danger rating for the South West Fire District, a number of grass fires ignited in the South West region of Victoria. This District is a Hazardous Bushfire Risk Area. Fires affected Yatchaw, Gnotuk, Minjah Laang and Terang and surrounding areas. In total, 89 houses and structures were destroyed.
Two fires in the Terang area started as a result of defective electricity distribution infrastructure.
Powercor is responsible for the electricity infrastructure and the distribution of electricity in Victoria’s South West, which includes Terang and the surrounding areas.
The Terang fire was caused by the clashing of high voltage conductors near the tee of a pole on the south side of High Street in Terang. The grass fire burnt through the localities of Dixie, Cobrico, Cobden, Elingamite, North Elingamite, Glenfyne, Jancourt and Scott’s Creek. The total area burnt was estimated to be 5797 hectares with an approximate perimeter in excess of 80 kilometres.
Court outcome
Powercor was convicted and fined $130,000.00
Act or Regulation
- Section 98 Electricity Safety Act 1998 (Vic)
Date of outcome
11 November 2021 at Ringwood Magistrates’ Court
Summary of conduct
Michael Van den Brink gave false and misleading information to ESV in connection with gas fitting work, and failed to have Type B gas equipment inspected, was granted a diversion plan on the papers (an alternative to a formal guilty finding).
Court outcome
Van Den Brink was granted Diversion with the following conditions:
- Be of good behaviour until 9 May 2022; and
- Pay $1,000 to the Court fund.
Act or Regulation
- Sections 73 and 117 of the Gas Safety Act 1997 (Vic)
Date of outcome
24 August 2021 at Heidelberg Magistrates’ Court
Summary of conduct
Paul Gray was convicted on two charges of tampering with a gas meter assembly, two charges of carrying out unlicensed plumbing work, and three charges of carrying out upstream gas work without applying to ESV for approval.
The Magistrate in handing down sentence for both offences said Gray’s conduct was “completely unacceptable”. The Magistrate also said that deterrence was a consideration in the sentence.
Court outcome
Gray was convicted and fined $3,000.00 with costs of $1,500.00 to ESV.
Act or Regulation
- Sections 66 and 79D Gas Safety Act 1997 (Vic)
- Section 221D Building Act 1993 (Vic)
Date of outcome
19 August 2021 at Frankston Magistrates’ Court
Summary of conduct
Dean Turner was found guilty of carrying out unlicensed electrical work while working on a kitchen renovation. No certificates of electrical safety were provided.
Court outcome
Turner was placed on an adjourned undertaking to be of good behaviour without conviction, with a payment of $3500 to the court fund and $1,500.00 costs to ESV.
Act or Regulation
- Section 38 Electricity Safety Act 1998 (Vic)
Date of outcome
18 August 2021 at Heidelberg Magistrates’ Court
Summary of conduct
Mohammad Al Mir was convicted of carrying out unlicensed plumbing work. Working on a domestic bathroom renovation at the time, Al Mir also left electrical sockets exposed in the process of stripping a wall. (the socket was not subsequently covered until it could be made safe by a licensed electrician.)
Court outcome
Al Mir was convicted and fined a total of $6,500.00 and ordered to pay $1,850.00 costs to ESV.
Act or Regulation
- Section 43A(1)(b) Electricity Safety Act 1998 (Vic)
- Section 221D Building Act 1993 (Vic)
Date of Outcome
12 February 2024 at Sunshine Magistrates’ Court
Summary of conduct
Taylor Brady pleaded guilty to recklessly tampering with a meter assembly and failure to comply with prescribed standards. Mr Brady, a registered gasfitter, removed the outlet bend from the gas meter assembly and left the property without replacing the outlet bend on the gas meter assembly, sealing the outlet of the gas meter assembly or sealing the gas fitting line. The offending occurred at a property in St Albans in April 2021.
Court outcome
Taylor Brady was fined $1,800.
Act or Regulation
- Sections 79D and 72(1) Gas Safety Act 1997 (Vic)
Date of outcome
18 August 2021 at Heidelberg Magistrates’ Court
Summary of conduct
George and Michael Tsokas were found guilty of carrying out unauthorised electrical work and unlicensed plumbing work. (George Tsokas is the holder of a restricted license and must work under supervision.)
Court outcome
Each was fined $2,000.00 without conviction and each ordered to pay $1,000.00 costs to ESV.
Act or Regulation
- Section 38 of the Electricity Safety Act 1998 (Vic)
- Section 221D of the Building Act 1993 (Vic)
Date of outcome
16 August 2021 at Melbourne Magistrates’ Court
Summary of conduct
Nicholas Lye, an apprentice electrician, was found guilty of carrying out unlicensed electrical work by installing a split system ait conditioner at a residential premises. Lye was working for a Toby Bell (trading under the name of Ultimate Air Heating & Cooling). Bell held out that his company was able to complete the entire installation of the split system. Bell issued a certificate of compliance for the plumbing work associated with the installation but not a certificate of electrical safety.
Lye was charged with carrying out unlicensed electrical work under s 38 of the Electricity Safety Act 1998 (Vic).
Bell was charged with offences under sections 30 and 36 of the Electrical Safety Act 1998 (Vic) for offering to carry out the electrical installation and employing an unregistered electrical contractor, and s 221E of the Building Act 1993 (Vic) for carrying out plumbing work when he is not a licensed plumber. Bell is also not a licensed electrician.
Court outcome
Lye was released on an adjourned undertaking to be of good behaviour for one year and ordered to pay costs of $500.00
Bell was convicted of offences ex-parte as he did not attend court for these proceedings. Bell was convicted and fined $2,000 and ordered to pay 3,926.06 in costs to ESV.
Act or Regulation
- Section 38 of the Electricity Safety Act 1998 (Vic)
- Sections 36(1)(a) and 36(1)(b) of the Electricity Safety Act 1998 (Vic)
- Section 221E of the Building Act 1993 (Vic)
Date of outcome
12 August 2021 at Ringwood Magistrates’ Court
Summary of conduct
Bojic was found guilty of 11 offences under the Electricity Safety Act being:
Between November 2018 and July 2019, Bojic:
- carried out a prescribed class of electrical contracting when he was not a registered electrical contractor, at four properties at Clematis, Boronia and Berwick (in one case leaving a switchboard with live electrical parts exposed)
- used the REC’s account to buy certificates of electrical safety without the knowledge of an REC
- entered false inspection details of certificates for electrical safety for prescribed electrical installation work so victims believed the work had been inspected
In each case, victims made cash payments to Bojic totalling to $4,480.
Court outcome
Convicted and fined $11,000.00.
Act or Regulation
- Sections 30, 38, 36(1)(a), 36(1)(b) and 43(1) of the Electricity Safety Act 1998 (Vic)
Date of outcome
19 July 2021 at Kyneton Magistrates’ Court
Summary of conduct
Andrew Werner was found guilty of three offences of undertaking electrical installation work at residential premises when he was not licensed to undertake electrical installation work.
Court outcome
Werner was placed on an adjourned undertaking for 12 months without conviction, with a special condition to pay $500 to the Court fund.
Werner was also ordered to pay $1,800 in costs to ESV.
Which Act or Regulation
- Section 38 of the Electricity Safety Act 1998 (Vic)
Date of outcome
1 July 2021 at Frankston Magistrates’ Court
Summary of conduct
There were three successful prosecutions under the Gas Safety Act 1997, involving two plumbers and their company for tampering with a gas meter and carrying out upstream gas work when natural persons were not authorised to do so.
Court outcome
Mark Mullinder and Adam Thomas were dealt with separately as co-offenders and each fined $1,200 without conviction with $750 costs.
Skilled PDF Pty Ltd is in external administration and the liquidator chose not to participate in the proceeding. It was fined $1,500 without conviction.
Act or Regulation
- Sections 66(a) and 97D of the Gas Safety Act 1997 (Vic)
Date: 13/07/2025 6:34
Controlled document
The currency and accuracy of this document cannot be guaranteed once printed or saved to a storage device. If in doubt, please check the ESV website for the current version.
Reviewed