Three sentences handed down today in the ACT Industrial Magistrates Court
8 December 2025
Today, three cases saw sentencing by the ACT Industrial Magistrates Court with fines totalling over $800,000.
Structural Design and Construction Company Pty Ltd (TSDCC) have been found guilty of a Category 2 offence and fined $750,000 by the ACT Industrial Court Magistrate
The business ‘PTC Consulting Engineers’ was registered to TSDCC, offering engineering services, including geotechnical and structural engineering. PTC Consulting Engineers were engaged to provide the structural design for the shoring wall of the excavated basement for the construction of the WOVA precinct in Woden.
PTC Consulting Engineers prepared the design and associated drawings for the shoring wall. On Saturday, 6 August 2022, a 35m in length and 10m deep section of shoring wall at the site collapsed with debris from the collapse travelling some 15m from the wall's face.
This is the first time an engineering company has been prosecuted for unsafe design in the ACT. Acting WHS Commissioner Peggy Cheong said the outcome reflects the standard the ACT community can expect from its WHS regulator.
“This is a first in the ACT. The result is the culmination of extensive work by our investigators and demonstrates the intent and capability of WorkSafe ACT”.
Sana Benchtop Installations was found guilty of a Category 3 offence and has been fined $50,000 by the ACT Industrial Court Magistrate. Mr Martin Mailei, the Director and a worker of Sana Benchtop Installations, was also convicted of a Category 3 offence and fined $10,000.
In January 2023, at a residential construction site located in Coombs, contractors of Sana Benchtops were called to amend cuts to stone benchtops which were supplied and installed earlier in the day. The stone benchtops were made up of quantum quartz which is an engineered stone with a high content of crystalline silica. The defendant dry cut the stone benchtops in eight units without water suppression or using wet techniques, exposing workers to respirable crystalline silica on site.
Acting WHS Commissioner Peggy Cheong said today’s outcome reinforces that in the ACT, anyone who fails in their WHS duties will be held to account.
“Today’s outcome demonstrates that WHS duties apply to all duty holders in the ACT. WorkSafe ACT will continue to prosecute those who do not meet their obligations, whether they are designers who provide unsafe design, businesses that carry out unsafe work, or individuals who fail to comply with their duties.”
WorkSafe ACT Media team
0466 927 213
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