A routine roofing job at a community facility ended in life-changing injury after a worker fell through a skylight, leaving him paraplegic and exposing serious safety breaches on site.
Moorabbin Magistrates Court was told roof plumbing company Bowitt Group Pty Ltd was contracted to carry out extensive roofing works at the Highett Neighbourhood Community House, including removing and replacing roof sheets and installing associated fall protection systems.
The company subcontracted JS Roof Plumbing Pty Ltd to perform the job, which in turn engaged sole trader and roof plumber Jacob Mitchell Russell Bandey to carry out part of the work. JS Roof Plumbing Pty Ltd is not accused of any wrongdoing.
On the same day, Bandey arranged for a worker to undertake work experience with him at the site.
On February 19, 2024, roofing works were underway when the worker fell through a skylight on the roof of the Highett NCH, dropping about 3.58 to 3.85 metres onto the internal floor below.
He was taken to the Alfred Hospital and underwent surgery. The court was told he was rendered paraplegic as a result of the fall.
The work was classified as high-risk construction work due to the danger of falling more than two metres through skylights on the roof.
The court was told Bowitt Group had prepared Safe Work Method Statements for the project, which identified the risks associated with fragile roofing and skylights and outlined controls including pre-start risk assessments, signage, barriers and exclusion zones.
However, the court found the company failed to ensure those basic safety controls were implemented on site, including guard rails around skylights, adequate barricading and signage, and securing or covering skylights before work began.
On December 15, 2025, co-accused Bandey pleaded guilty to a single charge under section 24(1) of the Occupational Health and Safety Act 2004 (Vic), which requires self-employed persons to ensure, so far as is reasonably practicable, that others are not exposed to risks arising from their work.
He was fined $50,000 without conviction and ordered to pay WorkSafe’s costs of $4438.
In sentencing Bowitt Group, the court noted it had read and considered a victim impact statement from the injured worker and described the offending as mid-range but serious.
It found the company would have been aware of the risks given its attendance at the site and emphasised the need for general deterrence, particularly as the company was to be wound up.
Bowitt Group was fined $55,000 with conviction for breaching section 26(1) of the Occupational Health and Safety Act 2004 (Vic), after failing to ensure the workplace was safe and without risks to health, including by not properly controlling fall hazards at a high-risk construction site. The company was also ordered to pay $5,888 in costs.
