The average cost of unleaded petrol is set to increase by around 19 cents per litre (cpl) to 118.7 cpl tomorrow, so FuelWatch is encouraging Perth drivers to fill up today to save money.                                                                                                  

FuelWatch advises that on Tuesday 8 March 2016, most Caltex, Caltex Woolworths and Puma sites are increasing their ULP prices to 121.9 cpl, an increase of 25 cpl by Caltex and Caltex Woolworths, and an increase of 24 cpl by Puma. The majority of Coles Express and BP sites are increasing to 119.9 cpl; and most United sites to 117.7 cpl.

Perth’s weekly petrol price cycle results in prices, on average, being cheapest on Sunday and Monday and at their most expensive on Tuesday and Wednesday – that’s why we recommend filling up today.

If you need to fill up tomorrow, use FuelWatch as there are still over 30 sites selling below 110 cpl. The difference between the highest and lowest priced sites is 27 cpl, which means you can save up to $16 on a 60 litre tank of fuel.

Monday’s cheapest ULP is available for:

• 95.5 cpl at United Roleystone in the East;
• 94.3 cpl at Caltex Woolworths Canning Vale and Caltex Woolworths South Lake in the South; and
• 94.3 cpl at Caltex Woolworths Mirrabooka and Caltex Woolworths Greenwood in the North.

Tuesday’s cheapest ULP will be available for:

• 101.9 cpl at Vibe Toodyay Rd and Better Choice Roleystone in the East;
• 94.7 cpl at United South Lake in the South; and
• 99.7 cpl at Vibe Charles St and Better Choice Tuart Hill in the North.

Drivers can head to the mobile compatible www.fuelwatch.wa.gov.au site to find the cheapest fuel in their area. Log on after 2.30pm each day to compare today’s and tomorrow’s prices. You can also sign up for free emails along with the 37,500 others who benefit from daily updates. Alternatively, phone 1300 30 40 54.

Media contact (Consumer Protection)

A crane operating business and one of its employees have been ordered to pay a total of $9,877 over an incident in 2013 where an employee received an electric shock.

Cranes R Us (WA) Pty Ltd pleaded guilty to directing a worker to complete high risk work when they were not licensed to do so and was fined $5,000 plus ordered to pay costs of $688.50.

Simon Peter Pratt pleaded guilty to failing to take reasonable care to avoid adversely affecting the safety of others, and carrying out high risk work without the required High Risk Work Licence.  Mr Pratt was fined $3,500 plus ordered to pay costs of $688.50.

On September 10, 2013 Mr Pratt was employed by Cranes R Us, who had been contracted to lift steel lintels to the window and door frames at a construction site for a new residential dwelling in White Gum Valley.

Mr Pratt and the dogman on the site conducted a visual site assessment and saw the overhead high voltage power lines at the front of the site.

The crane’s boom commenced rising upward until the end of the boom came in line with the overhead power lines and at a distance of approximately two metres from the lines.

The boom then slewed away from the site, toward the power lines. The dogman, who had been holding onto the crane’s hook, started to let go, however, the crane made contact with the power lines and an arc flashover occurred.

The dogman received an electric shock and burns to the palm of his right hand and both feet.

Mr Pratt had been granted a Certificate of Competency for slewing mobile cranes up to 20 tonnes in 2003, however this certificate expired in 2012.  Mr Pratt did not submit an application to WorkSafe to convert his Certificate to a High Risk Work Licence and was hence unlicensed at the time of the incident.

WorkSafe WA Commissioner Lex McCulloch said today the case should serve as a reminder that it is the responsibility of everyone in the workplace to ensure that the workplace is safe.

“This case illustrates that it is not just the employer’s responsibility to keep the workplace safe. Employees and contractors also have a responsibility to take reasonable care to ensure the safety and health of others in the workplace,” Mr McCulloch said.

“Both the employer and the employee are responsible for ensuring the relevant licences are current before undertaking high risk work.

“Fortunately, no one was fatally injured in the incident, however it could have been a very different story. It is crucial that crane drivers are aware of the position of overhead power lines and maintain the relevant exclusion zones.”

Further information

• Guidelines for work in the vicinity of overhead powerlines
• What is a High Risk Work Licence

Further information on providing a safe workplace can be obtained by telephoning WorkSafe on 1300 307 8777 

Media contact: Candace Beilby 6251 1930 or 0411 258 721 (media enquiries only)

candace.beilby @commerce.wa.gov.au

Follow @WorkSafeWA on Twitter

A transport company has been fined $75,000 and ordered to pay costs of $1,980 after a worker was seriously injured in their yard in 2013.

Marley’s Transport pleaded guilty to failing to provide and maintain a safe working environment and, by that failure, causing serious harm to an employee, and was fined in the Perth Magistrates Court.

On January 23, 2013, Marley’s Transport employees were instructed to replace all the tailgate seals on one of the Company’s trailers. The employees had completed the replacement of the seal at the sides and bottom of the tailgate when they were instructed that the tailgate would be lifted up with a forklift to give access to the top seal.

An employee, who did not hold a High Risk Work Licence to drive a forklift, positioned the forklift at the rear of the trailer and proceeded to raise the tailgate by resting it on the forklift tynes.

Another employee was guiding the forklift driver to ensure the tailgate was lifted as required. The forklift began to reverse slowly whilst the tailgate rested on the tynes.

The employee then positioned himself between the tailgate and the rear of the trailer and continued to guide the movement of the forklift. The forklift continued to reverse and the tailgate slipped off the tips of the forklift tynes and struck the employee in the head.

The employee received a fracture at the base of his skull, facial nerve palsy and lacerations to his head.

WorkSafe WA Commissioner Lex McCulloch said today this case should serve as a warning to all employers to provide and maintain a safe working environment for all employees.  

“A person standing under a load held and suspended by a forklift is a commonly known hazard in industry, including the transport industry,” Mr McCulloch said.

“The risks of being hit by a swinging unsupported load are extremely high when undertaking this type of work using a forklift due to operator error or unintentionally moving the raised suspended load.

“Employers should ensure they have undertaken risk assessments, have adequate procedures and staff training in place to carry out the work in a safe manner and that staff are supervised by a person who has also been trained in these methods.

“In this case, the employee suffered serious injuries that could have been prevented if the company had used a different method to open and secure the tailgate.”

Further information

• Guidance note - Working safely with forklifts
• Guidance note - Safe movement of vehicles at workplaces
• What is a High Risk Work Licence

Further information on providing a safe workplace can be obtained by telephoning WorkSafe on 1300 307 8777 or on WorkSafe’s website at www.worksafe.wa.gov.au.

Media contact: Candace Beilby 6251 1930 or 0411 258 721 (media enquiries only) candace.beilby @commerce.wa.gov.au

Follow @WorkSafeWA on Twitter

A property management company has been fined $5,000 for operating in Western Australia without a licence.

Massland Asset Management Pty Ltd (company) had applied for a licence in 2013 and 2014. In both instances, the Commissioner for Consumer Protection requested further information to complete the process; the company however failed to respond.

Despite not obtaining a licence and triennial certificate the company managed seven residential properties around Perth at Eden Hill, Mount Hawthorn, Baldivis, Manning and three in Rockingham.

The owners of the properties reported issues with the management service including unpaid Water Corporation bills.

The sole director of the company, Mr Mark John Rolton, was based in the Eastern States. Mr Rolton should have been aware that the company needed a licence to operate as a real estate agent conducting property management functions in Western Australia given the licence applications that were submitted. 

Following the conclusion of the prosecution proceedings against the company, Mr Rolton has applied for the company to be deregistered and is no longer operating in Western Australia. 

On 4 March 2016, the Perth Magistrates Court fined Massland Asset Management Pty Ltd $5,000 for operating in WA without a licence and triennial certificate, a breach of the Real Estate and Business Agents Act 1978.  The company was also ordered to pay costs of $1,002.45.

Commissioner for Consumer Protection David Hillyard said real estate agents must be licensed in each jurisdiction in which they operate.

“Property is a substantial investment and people place a lot of trust in real estate agents and property managers to do their job properly.  Licensing ensures the agent and manager are fit and proper to carry out the duties they are hired for,” Mr Hillyard said.

“Operating in WA without a licence is a serious offence, so interstate businesses must ensure they have the necessary licences and registrations in place before they advertise their services and conduct business here.

“Real estate and tenancy laws can vary from state to state, so agents operating across state and territory borders should check to ensure they are complying with the relevant real estate and tenancy laws.”

More information on the obligations of real estate agents and sales representatives is available on the Consumer Protection website or enquiries can be made by email or by calling 1300 30 40 54.

END OF RELEASE

Media Contact:

Cecilia Broderick (08) 6552 9366 or 0423 846 397 

cpmedia@commerce.wa.gov.au

Lying on an application to Consumer Protection for a motor vehicle repairer’s certificate has cost a Redcliffe man $2,000.

27-year-old Chien Kucdit Deng was fined $1,000 and ordered to pay costs of $1,000 by the Perth Magistrates Court on 4 March 2016 after pleading guilty to providing a false statement when trying to obtain a motor vehicle repairers’ certificate in February 2015.

In his application to Consumer Protection Mr Deng claimed to have worked for an auto wrecking business for 10 years performing general vehicle servicing, tyre and wheel alignment, wrecking cars and brake and clutch replacement. He supplied a fake letter supposedly from that business to back up the claim that he was a reliable and hard-working and who executed all tasks in a professional manner. The Accused also posed as the repair business when Consumer Protection sought confirmation of the period of employment.

Acting Commissioner for Consumer Protection David Hillyard says it is an offence under the Motor Vehicle Repairers Act 2003 for a person to give false information in relation to a repairer’s certificate or licence application.

“Section 49 of the Act is designed to prevent a person from providing false or misleading information to gain a benefit; namely the grant or renewal of a vehicle repairer’s licence,” he said.

“Considerable trust is placed by consumers in motor vehicle repairers because of their knowledge and expertise. The licensing and registration process aims to ensure that people working in the motor vehicle repair industry are honest and qualified. False or misleading information undermines this process.”

This is believed to be the first prosecution under section 49(1)(a) of the Motor Vehicle Repairers Act 2003. The maximum penalty was $5000.

His Honour Magistrate Maughan acknowledged that Mr Deng entered a plea of guilty at the earliest opportunity; however he also acknowledged that people need to know that they can trust a repairer when they go to see them.

Acting Commissioner Hillyard added: “We hope this fine prevents others from providing false information to gain a certificate or licence to work in the repair industry and shows the Consumer Protection is stringent in its assessment of applications.”

Consumers can check whether a motor vehicle repairer is certified or licensed by doing a search on the Consumer Protection website: www.commerce.wa.gov.au/cp/licencesearch. Consumers should also look for the distinctive yellow and black sign with the tick of approval displayed at their premises.

Unlicensed motor vehicle repairers can be reported by emailing consumer@commerce.wa.gov.au or by calling 1300 30 40 54.

Media contact (Consumer Protection)

 

EnergySafety has fined seven sole traders and two companies for selling hoverboards which incorporated non-approved battery-chargers.

Director of Energy Safety Ken Bowron said inspections of major retail outlets as well as sellers advertising hoverboards for sale on classifieds websites such as Gumtree have been conducted.

"I am deeply concerned that all the sellers we investigated for advertising hoverboards on Gumtree and similar websites were selling products with non-approved battery-chargers,” Mr Bowron said.

“These sellers have been issued with Infringement Notices for breaches of the electrical safety legislation and have been urged to contact all consumers they sold the product to and offer a refund.

"If anyone has bought hoverboards online, there is a strong possibility that the battery-chargers supplied with the equipment do not meet Australian electrical safety standards.

"If you have purchased, or are purchasing a hoverboard, ensure that the packaging is marked with the Australian regulatory compliance symbol or RCM – a tick surrounded by a triangle,” Mr Bowron said.

"The RCM signifies that a supplier has taken the necessary steps to ensure the product complies with electrical safety requirements.

"I urge consumers to exercise extra caution when purchasing these products online, as it may be difficult to assess the quality of the product," Mr Bowron said.

Since December 2015, several models of hoverboards have been recalled across Australia, by major retailers, because their battery-chargers did not meet general Australian electrical safety standards.

Consumers who have purchased a non-complying or recalled device should stop using the charger immediately, contact their supplier and request a refund. If the supplier is not willing to oblige, consumers should contact Consumer Protection to seek assistance in obtaining a refund.

Mr Bowron also warned consumers that there is no Australian Standard for hoverboards or the lithium-ion batteries and charging circuitry they incorporate.

"While we have been checking the battery-chargers, we have come across hoverboards which were very poorly constructed and others where the quality of the batteries looked very poor", Mr Bowron added.

EnergySafety is engaging with the Australian Competition and Consumer Commission and other State and Territory regulators in assessing safety incidents associated with hoverboard products and the problem posed by the absence of manufacturing standards.  In the meantime, EnergySafety strongly advises that the hoverboards are treated with caution and charging of them is done only under supervision and away from combustible materials. Any consumers with concerns about the quality or safety of their hoverboards should approach their supplier for a refund and also report the concerns to either EnergySafety or Consumer Protection.

Details of the hoverboard models that have been recalled are available at www.recalls.gov.au. Enquiries and reports regarding hoverboard safety can be made to Consumer Protection by emailing consumer@commerce.wa.gov.au or calling 1300 30 40 54.

Previous warnings from Consumer Protection on hoverboard safety and fire risks can be viewed on the Department of Commerce website at: https://www.commerce.wa.gov.au/announcements/concern-over-hoverboard-safety-and-fire-risks

The average cost of unleaded petrol is set to increase by around 19 cents per litre (cpl) to 120.3 cpl tomorrow, so FuelWatch is encouraging Perth drivers to fill up today to save money.                                            

FuelWatch advises that on Tuesday 15 March 2016, most Caltex Woolworths sites are increasing their ULP prices to 123.9 cpl, an increase of 27 cpl. The majority of Caltex and BP sites are increasing to 122.9 cpl; most Puma and Coles Express sites to 121.9 cpl; and most United sites to 118.7 cpl.

Perth’s weekly petrol price cycle results in prices, on average, being cheapest on Sunday and Monday and at their most expensive on Tuesday and Wednesday – that’s why we recommend filling up today.

If you need to fill up tomorrow, use FuelWatch as there are still more than 35 sites selling below 114 cpl. The difference between the highest and lowest priced sites is 29 cpl, which means you can save up to $17 on a 60 litre tank of fuel.

Monday’s cheapest ULP is available for:

• 95.9 cpl at 7-Eleven Midvale in the East;
• 94.3 cpl at Caltex Woolworths Canning Vale and Caltex Woolworths South Lake in the South; and
• 94.3 cpl at Caltex Woolworths Mirrabooka and Caltex Woolworths Whitfords in the North.

Tuesday’s cheapest ULP will be available for:

• 105.0 cpl at Chidlow Growers Mart Liquor Store in the East;
• 103.9 cpl at Puma Kwinana OPT in the South; and
• 96.9 cpl at Caltex Woolworths Ellenbrook in the North.

Drivers can head to the mobile compatible www.fuelwatch.wa.gov.au site to find the cheapest fuel in their area. Log on after 2.30pm each day to compare today’s and tomorrow’s prices. You can also sign up for free emails along with the 37,500 others who benefit from daily updates. Alternatively, phone 1300 30 40 54.

Media contact (Consumer Protection)

EnergySafety and WorkSafe are investigating the suspected electrocution of an electrician who was working at a property in Yokine yesterday.

The man was repairing an air-conditioner in the roof space of the premises.

Inspectors travelled to the site soon after and are investigating the circumstances.

EnergySafety and WorkSafe thoroughly investigate serious electrical incidents and deaths in WA with a view to preventing future incidents of a similar nature.

Director of Energy Safety, Ken Bowron today said any work-related death was a tragedy, and relayed his sincere condolences to the man’s family.

Media contact:  Candace Beilby 6251 1930 or 0411 258 721 (media enquiries only).

candace.beilby@commerce.wa.gov.au

• Assessment of State infrastructure to support Japanese bid for future submarine bid.
• WA’s internationally competitive skills and infrastructure shows local industry capability.

The Department of Commerce, in conjunction with AMC Management, briefed an eight-person technical delegation from Mitsubishi Heavy Industries (MHI) at the Australian Marine Complex Common User Facility (AMC-CUF) yesterday. MHI is part of the Japanese bid to build the future submarines for the Royal Australian Navy.

The AMC-CUF at Henderson in WA was developed by the State Government to be a world class centre of excellence for manufacturing, fabrication assembly and maintenance and technology activities to service the defence, marine and resource industries.  

With a number of the State’s major resource projects transitioning from a construction to operational phase, naval shipbuilding and maintenance projects have been identified to provide opportunities for local fabricators and ship maintenance companies outside of the resources sector.

The Japanese delegation was undertaking further assessment of the State’s common use infrastructure, such as the floating dock and wharves, in regards to supporting their bid for the future submarine program.

WA aims to introduce the internationally competitive skills and infrastructure capabilities of our heavy engineering/fabrication industry into the naval shipbuilding industry.

WA companies have honed their operations to compete and win complex and highly regulated projects against international competition; their commercial viability is not dependent on defence contracts alone and they are able to bring greater competition to the naval shipbuilding sector.

Fact File

• The AMC at Henderson in WA was developed by the State Government to be a world class centre of excellence for manufacturing, fabrication assembly and maintenance and technology activities to service the defence, marine and resource industries.
• With a strong partnering approach the WA State Government common use facilities enables local industry to deliver capability.
• In addition to providing cost competitive infrastructure and facilities, the CUF has been the catalyst for a wide range of businesses attracted to the adjacent industrial precincts. Since its opening in July 2003, the AMC-CUF has delivered more than 399 major projects worth in excess of $2.25 billion and generated more than 33,792 jobs.

Media contact (Industry and Innovation): John O’Hare – 6251 2539 or 0417 948 850.

• Winners of 2016 WA Consumer Protection Awards announced
• Event coincides with World Consumer Rights Day

A community centre, a schools program run by a gas company and a consumer affairs newspaper reporter have been honoured with the top accolades at the 2016 Western Australian Consumer Protection Awards.

Commerce Minister Michael Mischin congratulated the winners at a presentation breakfast at The University Club of Western Australia in Crawley today, timed to coincide with World Consumer Rights Day.

"It is only fitting to honour the individuals and organisations which tenaciously fight for the rights of Western Australian consumers and tenants, in particular championing causes that benefit the vulnerable or disadvantaged," Mr Mischin said.

"I commend the hard work, commitment and dedication shown by all of those nominated, who continue to set a great example across the community."

The winners are:

• Richard (Dick) Fletcher Award: Jacaranda Community Centre Inc.– a financial counselling organisation initiated by Aboriginal people. The other finalists were Midland Information Debt and Legal Advocacy Service Inc. (known as Midlas) and Northern Suburbs Community Legal Centre.
• Kidsafe WA Award: ATCO Gas Australia – Schools Program, which provides gas safety education to school children.
• Ruby Hutchison (Media) Award:  Annabel Hennessy from The Sunday Times for her undercover investigation into WA's property investment seminar industry. The other finalist was Estelle Lewis of Nine News Perth for her stories about warranties, investment and romance frauds. 

The Minister noted the absence of the late Rona Okely who had attended every Consumer Protection Awards ceremony before she passed away, aged 90, in January of this year.

"In the four years that I have had the privilege of attending the awards, and no doubt prior to that, her attendance was a highlight of the event.  Western Australian consumers, past and present, owe a tremendous gratitude to Rona for her pioneering work in establishing protections that remain in place today," he said.

Fact File

• Four judges considered submissions from 18 nominees to decide on a shortlist of six finalists
• This was the 12th Consumer Protection Awards
• For more information, visit http://www.commerce.wa.gov.au/cpawards  

Minister's office - 6552 5600

CP Awards finalists and winners 2016, by CP Media

A woman who repeatedly broke WA tenancy laws when renting out a Bentley property has been fined $7,200 and ordered to pay court costs of $396.

56-year-old Bozena Sakowski pleaded guilty to 24 contraventions of the Residential Tenancies Act 1987 during a hearing at the Perth Magistrates Court on 15 March 2016.

Eight convictions, with fines of $500 per charge, related to failure to lodge a security bond with the Bond Administrator and failure to provide a receipt for the bond. 16 convictions, with fines of $200 per charge related to failure to use the correct form and information when entering into a written tenancy agreement and failure to provide a property condition report at the start and end of a tenancy.

Acting Commissioner for Consumer Protection David Hillyard welcomed the penalty handed down and hopes it acts a deterrent.

“Under the Residential Tenancies Act all security bonds on rental properties must be lodged with the bond administrator at the Department of Commerce but Mrs Sakowski took bond money in cash and kept it in her safe or had it deposited directly into her bank account,” he said.

“She admitted that she intended to use the bond money for damage to the rental property and unpaid rent as and when various tenants left and this was a misuse of funds that belonged to tenants.

“With any new tenancy, landlords should lodge the bond with the Bond Administrator within 14 days and within a month tenants should receive a confirmation from the Department of Commerce that their bond has been lodged. If this does not occur, tenants should check with their landlord/agent and contact Consumer Protection.”

The Court heard that Mrs Sakowski used a 2005 Real Estate Institute of Western Australia (REIWA) tenancy agreement form and created her own lease agreement, which included conditions that were not acceptable, such as no children being allowed to visit the property.

“Standard lease agreements were introduced in 2013 to ensure fairness in the rental market and to provide clarity about the rights and obligations of both tenants and landlords. Importantly the prescribed information, which a tenant must be given a copy of, outlines the different avenues for resolving disputes,” Mr Hillyard said.

“The breaches of the Residential Tenancies Act in this case meant there was a lack of transparency in the agreement between the accused and the tenants. Two of the tenants were from overseas, one from interstate and one a first time renter, which means they were not familiar with WA tenancy law.

“The completion of property condition reports is compulsory under tenancy law and not providing property condition reports put the tenants in a position where they could not dispute damage caused because there was no record of how things were when the tenancy started compared to how things were left when the tenancy ended.

“I encourage anyone who rents out a property in WA to learn about their rights and responsibilities by reviewing Consumer Protection’s webpages and videos, at www.commerce.wa.gov.au/tenancy. The forms to use when putting new tenancy agreements in writing are also found there.”

Consumer Protection has also developed a free app for tenants in Western Australia. iRentWA has been downloaded by more than 6,000 iOS and Android device users to-date. Features include:
·         a calculator to work out the maximum amount of rent payable before moving in;
·         a place to store photos from compulsory property condition reports;
·         reminder functions for payment deadlines, routine inspections and notice periods.

Further information on bonds is available on the Consumer Protection website at www.commerce.wa.gov.au/bonds. Security bond lodgement forms can be downloaded or submitted online. Tenants can check their bond has been lodged by contacting the bond administrator by email: bondsadmin@commerce.wa.gov.au or by calling 1300 583 829.

Media contact (Consumer Protection)

The average cost of unleaded petrol is set to increase by around 19 cents per litre (cpl) to 121.2 cpl tomorrow, so FuelWatch is encouraging Perth drivers to fill up today to save money.                                                          

FuelWatch advises that on Tuesday 22 March 2016, most Caltex Woolworths, Coles Express and Puma sites are increasing their ULP prices to 123.9 cpl, an increase of 25 cpl by Caltex Woolworths, 24 cpl by Coles Express and 23 cpl by Puma. The majority of Caltex and BP sites are increasing to 122.9 cpl; and most United sites to 119.7 cpl.

Perth’s weekly petrol price cycle results in prices, on average, being cheapest on Sunday and Monday and at their most expensive on Tuesday and Wednesday – that’s why we recommend filling up today.

If you need to fill up tomorrow, use FuelWatch as there are still more than 35 sites selling below 114 cpl. The difference between the highest and lowest priced sites is 21 cpl, which means you can save up to $12 on a 60 litre tank of fuel.

Monday’s cheapest ULP is available for:

• 98.9 cpl at Caltex StarMart High Wycombe; Caltex StarMart Midvale; Caltex StarMart Mundaring; Caltex StarShop Stratton; Caltex StarShop Swan View and Caltex Woolworths Forrestfield in the East;
• 97.7 cpl at Caltex Woolworths Canning Vale and Caltex Woolworths South Lake in the South; and
• 97.7 cpl at Caltex Woolworths Mirrabooka and Caltex Woolworths Greenwood in the North.

Tuesday’s cheapest ULP will be available for:

• 104.9 cpl at BP The Lakes Roadhouse in the East;
• 105.9 cpl at Better Choice Naval Base in the South; and
• 103.9 cpl at Gull Yokine in the North.

Drivers can head to the mobile compatible www.fuelwatch.wa.gov.au site to find the cheapest fuel in their area. Log on after 2.30pm each day to compare today’s and tomorrow’s prices. You can also sign up for free emails along with the 37,500 others who benefit from daily updates. Alternatively, phone 1300 30 40 54.

Media contact (Consumer Protection)

Jandakot builder Kerry George Parsons (BC4277 & BP4277) has been ordered by the Building Services Board to pay a fine of $5,000 for negligent conduct.

Mr Parsons was found to be negligent under the Building Services (Registration) Act 2011 in carrying out a building service without a valid building permit, which is an offence under the Building Act 2011. Valued at $1 million, the building work involved the construction of a four-storey residential dwelling in Coogee in 2015.

Mr Parsons’ conduct came to the attention of the Building Commission through a complaint made against him by the City of Cockburn in May 2015. The City carried out three separate site inspections where it found unauthorised building work had continued to be carried out at the site, despite it having:

• in May 2015 advised Mr Parsons that the uncertified building permit application and plans for forward works were pending upon the receipt of a structural engineer’s certification and consent forms for work affecting other land;
• in May 2015 advised Mr Parsons that the building permit application had been refused due to the unapproved building work at the site; and
• in July 2015 ordered the work be stopped as a building permit had not been issued for the construction of the dwelling.

The unauthorised building work, which included site works, storm water and pre-lay work and the erection of tilt-up panels, was retrospectively approved by the City. In August 2015, a building permit was issued for the remaining work.

This is not the first time Mr Parsons has faced disciplinary action for building offences. In August 2006, following an investigation by the former Builders’ Registration Board, he was ordered by the State Administrative Tribunal to pay a fine of $1,000 for carrying out a building service without a valid building permit and failing to ensure the work was in accordance with the planning approval.

“In Western Australia, a building permit is required before building work, as defined in the Building Act 2011, is carried out,” said Building Commission Acting Executive Director Jane Vallance.

“It is important that builders meet their responsibilities in respect to building permits for safety reasons – it is the person named as the builder on the permit who is responsible for ensuring that the building is completed in accordance with the plans and specifications and complies with the applicable standards.

“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”

END OF RELEASE

Building Commission media contacts for journalists/producers only)

General enquiries

A former real estate agency director has been fined $9,000 and ordered to pay costs of $908 after being convicted of trust account offences at the Perth Magistrates Court on 16 March 2016.

Australian Property Exchange Pty Ltd, known as APFX (deregistered), was licensed under the Real Estate and Business Agents Act and managed residential and commercial properties of consumers in Western Australia prior to its deregistration in November 2013.

APFX’s former director pleaded guilty to 25 charges relating to mismanagement of the APFX trust accounts in 2011, including the authorisation of payments to people who were not entitled to receive money and failing to balance the accounts for almost 12 months. Three offences attracted fines of $1,000 each and for the other 22 offences relating to the reconciliation failures there was a global fine of $6,000.

Acting Commissioner for Consumer Protection David Hillyard said the failures exposed the company’s clients to significant losses and certainly warranted the fine imposed.

“The property industry is strictly regulated and a person in control of a real estate agency and its accounts is responsible for taking reasonable steps to ensure the business and employees of the agency comply with relevant legislation,” Mr Hillyard said.

“With APFX there was a long period of offending where trust accounting errors could not be identified or tracked properly in order to identify losses sustained by consumers. Additionally, the state of the accounts meant that some theft by employees had occurred unbeknownst to the director because the accounts had not been reconciled for some time.

“Any conviction concerning trust accounts generally results in cancellation of an agent’s licence, which demonstrates how serious these offences are. In this case the licences were surrendered some time ago.”

Mr Hillyard said the director was granted a spent conviction.

“The director admitted the offences at the earliest opportunity, had no prior relevant offences, was clearly remorseful and did not gain personally from the conduct. He also cooperated with the Department of Commerce during our investigations and has clearly learnt a harsh lesson.

“The sentencing outcome is still important and should serve as a reminder to people working in the property industry in WA that management of trust accounts must be scrupulous and the importance of accuracy cannot be underestimated.”

Further information for real estate agents about their legal responsibilities is available of the Consumer Protection website www.commerce.wa.gov.au/cp 

END OF RELEASE

Media contact (Consumer Protection)

A motor vehicle dealer who operated his business from a location that was different to what was allowed by his licence was reprimanded and fined $1,000 by the State Administrative Tribunal (SAT) on 24 February 2016.

George Reid Smith, trading as Pearl Motors, was granted a licence to operate his dealership in Broome in February 2011. He informed Consumer Protection in May 2013 that he was re-locating to Mandurah and was closing down his Broome business.

He operated his dealership in Mandurah for two years from premises that were not authorised and outside the authority of the licence, in breach of the Motor Vehicle Dealers Act. During this time he bought 62 vehicles and sold 55. It wasn’t until July 2015 that he applied to operate his business in Mandurah and his application was granted.

The SAT took into consideration Mr Smith’s age, poor health and previous unblemished record when determining the penalty in this case.

Acting Commissioner for Consumer Protection David Hillyard said that Mr Smith had ignored his obligations under the Act.

“Mr Smith was well aware of his obligation to re-apply to Consumer Protection when he re-located his business to Mandurah, but failed to do so for two years,” Mr Hillyard said.

“This serves to remind all licensed motor vehicle dealers that they must comply with all aspects of the Act when operating their businesses.”

Dealers can review their obligations under the Act on the Consumer Protection website www.commerce.wa.gov.au/cp. Enquiries can be made by emailing consumer@commerce.wa.gov.au or by calling 1300 30 40 54.

END OF RELEASE

Media contact (Consumer Protection)

A gas and air conditioning supplier and repairer who took payments from customers without providing the goods or services has been fined $9,800, ordered to pay $4,290 compensation to his victims and has to pay the $21,000 it cost Consumer Protection to prosecute him.

Christopher Brocklebank of Clarkson was found guilty of five breaches of the Australian Consumer Law in his absence on 16 March 2016 at the Perth Magistrates Court.

Four of the charges against Mr Brocklebank were for accepting payment for goods and/or services and failing to provide those goods and/or services within a specified or reasonable time. The other charge was for making a false or misleading representation about the quality of an air conditioner that he sold to a consumer.

Acting Commissioner for Consumer Protection David Hillyard stated that “under the Australian Consumer Law a tradesperson must complete work within a reasonable or agreed timeframe but Mr Brocklebank has repeatedly taken money from consumers and failed to supply air conditioning units and carry out installation and/or repair work”.

“Consumer law also requires products to match the description given and sample shown but Mr Brocklebank sold one couple a supposed one-year-old ‘ex-demo’, air conditioning unit for $2000. Instead, he installed a unit made up from used parts; with some of the parts up to 12 years old," Mr Hillyard said.

The other matters that formed the basis for the prosecution were:

• In January 2013 a disability pensioner paid a 50% deposit for a $3,100 air conditioning unit due to be installed within a week. The consumer was then met with various excuses as to why the unit could not be supplied or work carried out. She did not receive the unit and was not repaid.
• In February 2013 a couple entered into an agreement with Mr Brocklebank to supply and install a $3000 evaporative air conditioning unit, which was paid in full prior to installation. The unit was never supplied and they only received $1000 of their money back.
• In May 2013 Mr Brocklebank accepted $740 from a consumer to buy a part for a gas fireplace repair job to be carried out the following day. Despite repeated phone calls and text messages from the consumer the part was never supplied, the repair never carried out and the money never repaid.

When handing down Mr Brocklebank’s sentence, Magistrate Pontifex commented that in the majority of cases Mr Brocklebank had not shown any remorse for his actions or attempted to repay money he owed people in spite of opportunities to do so.

The Acting Commissioner for Consumer Protection is again warning the community not to have dealings with Christopher Brocklebank or any business he operates.

“Mr Brocklebank has a poor track record of behaviour towards his customers, and an obvious lack of respect for the obligations imposed under the Australian Consumer Law." Mr Hillyard said.

“This case is yet another reminder for customers to pay only small deposits if absolutely necessary. We recommend no more than 10% of the total price, because if the tradesperson turns out to be dodgy you may stand to lose that deposit. When you have to pay a deposit you may wish to consider paying by credit card if possible because of the charge back protection offered if you do not get what you paid for.”

Consumers who are yet to talk to Consumer Protection about a complaint against Christopher Brocklebank or his businesses Perth Evaporative Air & Gas Services and Elements, Hearth, Wind and Fire should email consumer@commerce.wa.gov.au or call 1300 30 40 54.

Previous Media Statements from Consumer Protection about Christopher Brocklebank:

• March 2015 http://www.commerce.wa.gov.au/announcements/dont-deal-dodgy-tradesman-christopher-brocklebank
• August 2014 http://www.commerce.wa.gov.au/announcements/air-con-man-fined-failed-appear-christopher-john-brocklebank-perth-evaporative-air-gas
• July 2014 http://www.commerce.wa.gov.au/announcements/renewed-warning-about-dodgy-tradesman-christopher-brocklebank
• June 2013 http://www.commerce.wa.gov.au/announcements/consumer-warning-about-dodgy-tradesman-christopher-brocklebank

Additionally, the Building Commission has previously prosecuted Mr Brocklebank for offences under the Home Building Contracts Act 1991.

Mr Brocklebank has also been prosecuted by EnergySafety for carrying out gas fitting work without holding a certificate of competency, permit or authorisation allowing him to do so.

END OF RELEASE

Media contact (Consumer Protection)

A proactive inspection program looking at construction sites in Perth’s southern suburbs has found a high level of compliance in training and licensing, but has raised concerns over the testing and tagging of portable electrical items.

The program involved construction inspectors checking safety standards at construction sites across the southern suburbs as far as Mandurah in the final week of February.

Inspectors focussed on the priority areas of electrical safety and working at heights, and also checked whether workers had the appropriate induction training and held High Risk Work Licences where required.

They also checked that sites had Safe Work Method Statements, Job Safety Analyses and Site Safety Plans in place where required.

WorkSafe Acting Director John Reilly said today the program had revealed good compliance with training and licensing, but continuing concern with testing and tagging.

“A total of 187 construction sites were visited as part of the program, with 79 improvement notices and 14 prohibition notices issued at the sites,” Mr Reilly said.

“Of the notices issued, 65 improvement notices and six prohibition notices related to issues such as testing and tagging, with other notices relating to falls from height, unguarded handheld plant and damaged plant, scaffolding and white/blue cards.

“Although it was encouraging to find that all but four construction workers checked during the program held blue or white cards and all workers carrying out high risk work held the relevant High Risk Work Licences, the lack of testing and tagging is a cause for concern.

“Safe Work Method Statements, Job Safety Analyses and Site Safety Plans were all made available to inspectors when required.

“It seems the construction industry has largely got the message with regard to training and licensing and planning for safe work practices on construction sites.

“The consequences of using unsafe electrical equipment can be disastrous, but it’s relatively easy to ensure that all portable electrical items are tested and tagged and that all leads and so on are in a safe condition.

“Having safe scaffolding is also a must, with the consequences of a fall from height also potentially extremely serious.

“We plan to continue conducting these proactive programs on sites to ensure the construction industry maintains its standards.”

Construction sites in Perth’s northern suburbs were checked in August, with inspectors finding a high level of compliance in training and licensing but some concerns with electrical and scaffolding issues.

Another proactive inspection program will look at construction sites around the Perth CBD next month.

Further information on construction safety can be obtained by telephoning WorkSafe on 1300 307877 or on the website at www.worksafe.wa.gov.au.

Media contact: Caroline De Vaney 6251 2363 or 0408 927563 (media enquiries only)

caroline.devaney@commerce.wa.gov.au

Follow @WorkSafeWA on Twitter

The average cost of unleaded petrol is set to increase by around 19 cents per litre (cpl) to 121.5 cpl tomorrow, so FuelWatch is encouraging Perth drivers to fill up today to save money.

FuelWatch advises that on Tuesday 29 March 2016, most Coles Express, Caltex Woolworths, BP and Puma sites are increasing their ULP price to 123.9 cpl (an increase of 25 cpl by Coles Express, 24 cpl by Caltex Woolworths and 22 cpl by BP and Puma). Most Caltex sites are increasing their ULP price to 122.9 cpl and most United sites to 119.9 cpl.

Perth’s weekly petrol price cycle results in prices, on average, being cheapest on Sunday and Monday and at their most expensive on Tuesday and Wednesday – that’s why we recommend filling up today.

If you need to fill up tomorrow, use FuelWatch as there are still over 35 sites selling below 114 cpl. The difference between the highest and lowest priced sites is 22 cpl, which means you can save up to $13 on a 60 litre tank of fuel.

Monday’s cheapest ULP is available for:

• 98.9 cpl at Coles Express Forrestfield, Coles Express Kalamunda, Coles Express Middle Swan, Coles Express Upper Swan Roadhouse, Caltex StarMart Midvale, Caltex StarShop Swan View and 7-Eleven Midvale in the East;
• 97.7 cpl at Caltex Woolworths South Lake in the South; and
• 96.9 cpl at Caltex StarMart Joondalup in the North.

Tuesday’s cheapest ULP will be available for:

• 106.0 cpl at Chidlow Growers Mart Liquor Store in the East;
• 108.9 cpl at Better Choice Naval Base in the South; and
• 101.7 cpl at Vibe Charles St in the North.

Drivers can head to the mobile compatible www.fuelwatch.wa.gov.au site to find the cheapest fuel in their area. Log on after 2.30pm each day to compare today’s and tomorrow’s prices. You can also sign up for free emails along with the 37,500 others who benefit from daily updates. Alternatively, phone 1300 30 40 54.

END OF RELEASE

Media contact (Consumer Protection)

Construction sites in Perth’s CBD and surrounds will be the focus of a WorkSafe proactive inspection program next week.

WorkSafe Acting Director John Reilly said today the program would involve construction inspectors checking safety standards at construction sites in Perth’s CBD and surrounding suburbs east and west of the city.

“The program is part of a continuing series of proactive inspection programs targeting construction workplaces in specific geographical areas,” Mr Reilly said.

“As with all of WorkSafe’s proactive programs, the primary objective of the inspection program is to help employers to identify risks to the safety and health of workers and provide them with information on how to comply with workplace safety laws.

“However, if the inspectors come across breaches of the workplace safety laws, they will take enforcement action.”

Inspectors will focus on the priority areas of electrical safety and working at heights, and will also concentrate on ensuring that workers have construction induction training cards and High Risk Work Licences where needed.

They will also check that sites have Safe Work Method Statements and that Job Safety Analyses and Site Safety Plans are in place where required.

“Importantly, inspectors will be looking to ensure that the safety of members of the public in the vicinity of construction sites in the CBD is not compromised, especially where work is taking place overhead,” Mr Reilly said.

“Employer associations have been notified of the inspection program, so we anticipate that employers will be aware of what will be required if an inspector visits their sites.

“We firmly believe that raising awareness with proactive inspection programs is the best way in which to lessen the risk of work-related injury and illness.”

Further information on construction safety can be obtained by telephoning WorkSafe on 1300 307877 or on the website at www.worksafe.wa.gov.au.

Media contact: Caroline De Vaney 6251 2363 or 0408 927563 (media enquiries only)

caroline.devaney@commerce.wa.gov.au

Follow @WorkSafeWA on Twitter