Civil 1 Pty Ltd, the principal contractor of a project to demolish nine commercial buildings in Gosford, has been cleared of breaching its duty of care in relation to a scaffold collapse incident. However, the court has found the company is guilty of breaching a prohibition notice issued by a SafeWork NSW inspector following the scaffold collapse. The breach was observed by the SafeWork NSW inspector from his office directly across the road.
In August 2020 a 10-metre-high scaffold collapsed in Gosford, crushing parked cars and bringing down a light pole. Civil 1 Pty Ltd was the primary contractor on the site where nine commercial buildings were being demolished. Civil 1 contracted scaffolding company 21st Century Building Services Pty Ltd to supply, install and dismantle the scaffolding required for the project.
After removing ties securing the 60-metre-long scaffold to a wall, work was stopped due to safety concerns when a Civil 1 excavator struck an underground powerline, creating an electrically unsafe environment. Civil 1 requested 21st Century to return the following day, despite the unsafe environment, but 21st Century declines, citing prior commitments.
The following day, in predicted high winds, the scaffold blew over, injuring a member of the public and crushing vehicles. SafeWork investigated and issued a prohibition notice banning demolition work within nine metres of the site’s boundary.
Six days later, the inspector who issued the prohibition notice was observing the site through his office window when he observed two excavators undertaking demolition work within the nine-metre exclusion zone covered by his prohibition notice.
Both companies were charged with breaches of s.19 and s.32 of the NSW WHS Act for the scaffold collapse incident. 21st Century pleaded guilty to the charges and were fined $225,000 for their role in the incident.
The court found Civil 1 should be acquitted of the charges with the Judge highlighting that the case focused on what was reasonably practicable for Civil 1 to do from the time the scaffolders left the site until the incident occurred. He noted that the scaffold’s instability only became a concern after ties were removed, emphasizing that Civil 1 was entitled to rely on the advice of the licensed scaffolder engaged for the project.
However, the Judge found that Civil 1 had breached s.197 of the NSW WHS Act concerning compliance with a prohibition notice. Civil 1 is now awaiting sentencing for the violation.
Read more: SafeWork NSW v Civil 1 Pty Ltd [2025] NSWDC 82 (24 March 2025)
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