The Dust Finally Settles After The Wall Collapsed

Key Point

• All those within a workplace who either actually can control a particular action or hazard, or have a right to control it, must act to do so.

Almost six years after a concrete tilt-up panel collapsed on a Perth building site resulting in the death of a contractor, the prosecutions and appeals appear to have been finalised, with the Project Management company escaping liability, but the individual registered builder being fined $35,000 (Reilly v Devcon Australian Pty Ltd and Reilly v Tobiassen).

The building site and the accident

Glenpoint Nominees Pty Ltd was developing a set of commercial showrooms on land that it leased. Devcon Australia Pty Ltd was appointed as the project manager for the development. Devcon engaged Svien Tobiassen, a self-employed person, to be the independent registered builder (although it was debated whether he was an employee or independent contractor). Devcon engaged manner contractors to perform the building tasks,