Three recent cases in South Australia have emphasised the need for businesses and individuals to comply with directions or notices issued by the Inspectors of the WHS regulator in each state. WHS regulators are enforcing compliance and the courts will take such breaches seriously.

Templeton v Tedesco Scaffold Services Pty Ltd

A scaffolding company has been fined $6,000 after failing to comply with a formal SafeWork SA notice requiring information about safety concerns at a construction site. Tedesco Scaffold Services Pty Ltd pleaded guilty and has been sentenced in the South Australian Employment Court following a SafeWork SA prosecution.

The offence arose from the company’s failure to respond within two weeks to a formal notice issued under section 155 of the Work Health and Safety Act 2012 (SA). The notice required the company to provide information relating to safety concerns identified by SafeWork SA inspectors at a residential construction site.

SafeWork SA inspectors attended the site on 6 October 2023 and issued prohibition and improvement notices relating to scaffolding and site safety. On 9 November 2023, a formal section 155 notice was emailed to the company’s director, requiring specified information to be provided by 23 November 2023. The company failed to respond within the required timeframe despite receiving the notice and subsequent reminders from inspectors. A partial response was eventually provided months later after further contact from SafeWork SA.

In his sentencing remarks handed down on 21 May 2026, Deputy President Lieschke found the company had committed an ‘objectively serious breach’ of its obligation to respond to a formal notice issued by SafeWork SA. A conviction was recorded and the company was fined $6,000. The company was also ordered to pay a victims of crime levy of $278 and SafeWork SA’s legal costs of $1,210.

Farrell v Marco Scalzi

An Adelaide builder has been fined $7,500 for intimidating and indirectly threatening a SafeWork SA inspector during a workplace inspection at a construction site. Marco Scalzi was sentenced in the South Australian Employment Court on 21 July 2026 following a SafeWork SA prosecution.

Mr Scalzi pleaded guilty to an offence under section 190 of the Work Health and Safety Act 2012 (SA) for threatening or intimidating a SafeWork SA inspector. The offence occurred during a follow-up inspection at a residential construction site at St Peters on 24 January 2024.

Mr Scalzi, a partner in Scalzi Constructions, was at the work site with his father when two SafeWork SA inspectors attended to review outstanding safety compliance issues that had been identified during an earlier inspection. During the visit, Mr Scalzi repeatedly spoke to one of the inspectors in a raised and aggressive manner, made intimidating remarks and gestures, and stood in close proximity to them. The court found Mr Scalzi’s conduct caused the inspector to feel threatened, intimidated and overwhelmed.

As part of the court proceedings, Mr Scalzi expressed embarrassment and disappointment in his behaviour towards the inspector. He also expressed regret and accepted that they were simply attempting to do their job.

In his sentencing remarks, Auxiliary Judge Hannon described Mr Scalzi’s conduct as reprehensible. ‘He appears to have lost control of his emotions, and to have had little insight during the encounter into the actual or potential effect of his behaviour,’ Judge Hannon said. ‘(The inspector) endured the behaviour of the defendant with commendable professionalism and restraint. I find that the defendant, by his words and conduct, persistently intimidated (the inspector) and caused them to feel threatened, fearful, anxious and overwhelmed.’

The court imposed a fine of $12,500, reduced by 40 per cent to $7,500 for Mr Scalzi’s early guilty plea. No conviction was recorded. Mr Scalzi was also ordered to pay a Victims of Crime Levy of $287.

Farrell v Rockdale Building Solutions Pty Ltd

A South Australian residential construction company has been convicted and fined $21,000 after allowing workers to access unsafe scaffolding that was subject to a SafeWork SA prohibition notice. Rockdale Building Solutions Pty Ltd was sentenced in the South Australian Employment Court on 2 July after a SafeWork SA prosecution. The company pleaded guilty to failing to comply with a prohibition notice and failing to display the notice at a residential construction site in Salisbury East.

SafeWork SA inspectors attended a double-storey home under construction on 7 November 2023 following a complaint regarding scaffolding. Inspectors identified multiple defects in perimeter scaffolding, including missing kickboards, excessive gaps in walkways and unsafe access arrangements. The scaffold was found to be non-compliant and posed a serious risk of falls from height.

A prohibition notice was issued directing Rockdale Building Solutions to stop all access to the scaffold until the defects had been rectified and SafeWork SA was satisfied the risk had been addressed. WHS prohibition notices may be issued if an inspector reasonably believes that an activity is occurring or may occur at a workplace that involves a serious risk to the health or safety of a person.

Despite the notice remaining in force, SafeWork SA inspectors returned to the site six days later and observed workers installing upper-level windows from the prohibited scaffold. The workers were unaware the scaffold was subject to a prohibition notice and had not been informed that its use was prohibited. Inspectors also found the notice was not displayed at the workplace, which is required under WHS legislation. Further enquiries established that four workers had used the scaffold that day.

Rockdale Building Solutions was charged with two offences under sections 197 and 201 of the Work Health Safety Act 2012 (SA) of failing to comply with a work health and safety prohibition notice and failing to display a work health and safety prohibition notice.

In her sentencing remarks, Deputy President Eaton said the lack of any falls or injuries from the unsafe scaffold was ‘simple good luck’. ‘They should not have been relying on good luck that day,’ Deputy President Eaton said. ‘There were several points of failure by Rockdale which resulted in four workers spending up to four hours each working up on a scaffold without knowing that it was defective and a risk to their safety. A fall from that height carries the risk of death or serious injury.’

A conviction was recorded and the company was fined a total of $35,000 for the two offences – $30,000 for failing to comply with the prohibition notice and $5,000 for failing to display it. This was reduced by 40 per cent to $21,000 for its early guilty plea. Rockdale Building Solutions was also ordered to pay a contribution to SafeWork SA’s legal costs of $1,210, and a Victim of Crime Levy of $556.

This article was written by Chris Morey, Special Counsel, and reviewed by Clare Raimondo, Partner.