Roofing company fined after worker falls through skylight at Highett community centre
A routine roofing job at a public facility resulted in life-changing injuries when a worker fell through a skylight, leaving him paralyzed from the waist down and suffering serious safety violations on site.
Moorabbin Magistrates’ Court was told roofing installation company Bowitt Group Pty Ltd had been contracted to carry out extensive roofing works at Highett Neighborhood Community Center, including the removal and replacement of roof coverings and the installation of associated fall protection systems.
The company subcontracted JS Roof Plumbing Pty Ltd to carry out the work, who in turn appointed sole proprietorship and roof plumber Jacob Mitchell Russell Bandey to carry out part of the work. JS Roof Plumbing Pty Ltd is not accused of any wrongdoing.
That same day, Bandey arranged for a worker to undertake work experience with him on site.
On February 19, 2024, roofing work was in progress when the worker fell through a skylight on the roof of Highett NCH, falling approximately 3.58 to 3.85 meters to the interior floor below.
He was taken to Alfred Hospital and underwent surgery. He was paralyzed from the waist down as a result of the fall, the court was told.
The work was classified as high-risk construction work due to the danger of falling more than two meters through the roof skylights.
The court was told Bowitt Group had prepared Safe Working Method Statements for the project, which identified risks associated with sensitive roofing and skylights and outlined controls including pre-start risk assessments, signage, barriers and exclusion zones.
However, the court found the company had failed to ensure basic safety controls were implemented on site, including guardrails around skylights, adequate barricades and signage, and securing or closing skylights before work began.
On 15 December 2025, Bandey, a co-accused, pleaded guilty to a single charge under section 24(1) of the Occupational Health and Safety Act 2004 (Vic), which requires self-employed people to ensure that others are not exposed to risks arising from their work so far as is reasonably practicable.
He was fined $50,000 without conviction and ordered to pay WorkSafe costs of $4,438.
In sentencing Bowitt Group, the court noted that it had read and considered the injured worker’s victim impact statement and described the offense as moderate but serious.
It found that the company was aware of the risks posed by its involvement in the field and emphasized the need for general deterrence, particularly in the event of liquidation of the company.
Bowitt Group was fined $55,000 on conviction for breaching section 26(1) of the Occupational Health and Safety Act 2004 (Vic) for failing to ensure that the workplace was safe and free of risks to health, including failing to properly control fall hazards on a high-risk construction site. The company was also ordered to pay $5,888 in costs.
