An appeal of the 2025 sentencing of AAD Civil Construction Pty Ltd following an electrocution incident has seen their fine increased six-fold and a conviction recorded against the company.
In March 2024 whilst AAD Civil Construction workers were digging a bore hole underneath overhead powerlines in Pakenham, a worker using a seven metre long aluminium pole to measure the depth of the shaft either touched the powerline or came close enough to cause an arc flash. The worker suffered an electric shock that left him with significant burns requiring skin grafts to his feet, a toe amputation and the removal of multiple tendons from his feet.
WorkSafe’s investigation into the incident revealed that on the day before the incident an energy inspector issued AAD Civil Construction with a permit to work adjacent to exposed electrical apparatus, with the document stating that all electrical assets must be treated as being live and reiterating the no-go-zone rules.
WorkSafe had also visited AAD Civil Construction worksites two years prior and provided guidance about the risks associated with working near powerlines and the importance of observing no-go zones.
WorkSafe Chief Health and Safety Officer Sam Jenkin said working close to power lines was a known hazard with potential to cause serious injury or death. "Before any work on a site with live power lines it's critical to identify hazards and eliminate or control all of the risks, including risks to workers using tools capable of conducting electricity," Mr Jenkin said.
In their October 2025 Magistrates’ Court hearing AAD Civil Construction pleaded guilty, admitting that it was reasonably practicable for them to have provided and maintained a safe system of work that would eliminate or reduce the risk, such as a system in which employees and any handheld objects adhered to a no-go zone by maintaining a distance greater than 3 meters between the overhead power lines and the employees and any hand-held objects. The Court sentenced AAD Civil Construction to a fine of $15,000 without conviction.
The Director of Public Prosecutions appealed the sentence. The County Court set aside the orders of the Magistrates’ Court orders and sentenced AAD Civil Construction to a fine of $90,000 with conviction.
In reviewing the case the County Court noted that the risk associated with workers, plant or equipment being held by workers coming into contact with powerlines is notorious and that the risk could have been readily addressed at no cost to the company, thereby avoiding the terrible injuries suffered by their employee.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Six-fold fine increase after electric shock sentence appeal | WorkSafe Victoria