A worker on a residential build in Keysborough fell into an excavation dug for a planned water tank on or about 5 March 2024. The project manager on that build has since appeared before Ringwood Magistrates’ Court. The case was not about the fall itself. It concerned his failure to comply with a WorkSafe Victoria direction to produce documents and answer questions.
A building company had engaged him to manage construction of the house. The matter was brought under the Occupational Health and Safety Act 2004, and WorkSafe classed it as a non-complied notice. The court granted a diversion and imposed no sentence.
The fall
Workers had been going down into and climbing out of the excavation as part of their work. The worker who was hurt had gone up the ladder to fetch a bottle of water. Back at the edge, she leant over to hand it to someone else. The ground beneath her collapsed and she fell into the hole onto a brick.
No reply
On 25 August 2025, WorkSafe’s informant in the case issued the project manager a written direction under section 9 of the Act. It required him to produce documents and answer questions by 5 September 2025. It covered information that had not been provided in response to an earlier direction under section 100.
The informant emailed him on 5 November 2025 and again on 30 January 2026. Each email attached the direction and told him the compliance date had passed. He did not respond to either. Repeated attempts to reach him by phone and text message between 6 September 2025 and 9 February 2026 also failed.
- 5 Mar 2024 Worker falls into the excavation (on or about this date).
- 25 Aug 2025 Section 9 direction issued.
- 5 Sep 2025 Compliance date passes.
- 5 Nov 2025 First follow-up email, no response.
- 30 Jan 2026 Second follow-up email, no response.
- 6 Sep 2025 to 9 Feb 2026 Repeated phone and text attempts, all unsuccessful.
The diversion conditions
Under the diversion, the project manager must donate $1,000 to the Building & Construction Foundation and give the court proof of payment by 11 December 2026. He must also write a letter of apology to the informant and be of good behaviour until 10 September 2027.
At a glance
- Prosecutor: WorkSafe Victoria
- Court: Ringwood Magistrates’ Court
- Reference: Diversion 1 of 2026-27
- Law: Occupational Health and Safety Act 2004 (Vic), s.9 direction
- Outcome: Diversion granted, no sentence
- Conditions: $1,000 donation by 11 December 2026, apology letter, good behaviour until 10 September 2027
The published result deals only with the failure to comply with the section 9 direction. It records no charge arising from the fall itself.
Source: WorkSafe Victoria, 29 September 2026
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