Bowitt Group Pty Ltd was the principal contractor engaged to conduct roofing works at the Highett Neighbourhood Community House (Highett NCH), including the removal of roof sheets, the supply and installation of new roof sheets, and provision of associated fall protection and other safety measures connected with this work. During the performance of this work a person undertaking work experience for a subcontractor on the site fell through a skylight and was rendered paraplegic.
Bowitt Group had subcontracted the Highett NCH roofing work to JS Roof Plumbing Pty Ltd. On the afternoon prior to the incident, JS Roof Plumbing had subcontracted Jacob Mitchell Russell Bandey, a sole trader and roof plumber, to perform some of the work. On the same day, Bandey arranged for a person to perform paid work experience with him at the site.
The work being performed constituted High Risk Construction Work (HRCW), as it was construction work which was being performed in circumstances where there was a risk of a person falling more than two metres (through one of several skylights situated on the roof). Bowitt Group prepared a safe work method statement (SWMS) for the HRCW to be undertaken at the Highett NCH. The SWMS identified ‘fall from height’ as a risk, and ‘ensuring fall protection is in place’ as a control but made no mention of skylights.
Despite guard rails, signage, barriers, exclusion zones and the covering of skylights being identified in the SWMS as controls for the risk of falls, none of the identified control measures were implemented.
On the morning of 19 February 2024, the work experience person attended at the Highett NCH. Upon arriving, he climbed onto the roof with the sole trader and another person and started working. The work experience person was not provided a site induction and was not taken through the SWMS. Neither they, the sole trader nor the other worker were wearing harnesses at the time of the incident.
During the performance of his work, the work experience person fell through a skylight and onto the internal floor approximately 3.5m – 3.8m below.
In December 2025 the sole trader, Jacob Mitchell Russell Bandey, was fined $50,000 for their breach of s.24 of the OHS Act – Duties of self-employed persons to other persons. The maximum penalty for a breach of s.24 at the time of the incident was $346,000.
This month, Bowitt Group faced the Morrabbin Magistrates’ Court for their failure to provide a safe workplace and working at heights protection. The Court sentenced Bowitt Group to a fine of $55,000. The maximum penalty for a breach of s.21 at the time of the incident was $1.73M.
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: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria