SafeWork NSW Prosecution Leads to District Court Conviction for Customconstruction Pty Ltd Following Worker Injury at Two Storey Residential Build

A New South Wales residential construction company has been convicted and fined $100,000 in the District Court following a SafeWork NSW prosecution over a serious worker injury at an Avalon Beach residential building site. Customconstruction Pty Ltd, engaged as the principal contractor on the construction of a two-storey house, pleaded guilty to failing to comply with its primary duty to workers under the Work Health and Safety Act 2011 and retains the right to appeal against the sentence.

A Worker Falls 3.8 Metres at a Residential Construction Site in Avalon Beach

The proceedings arose from an incident on 25 July 2022 at a residential construction site in Avalon Beach, New South Wales. The worker had been employed at the site to undertake re-sheeting and cladding work on the property, with Customconstruction Pty Ltd engaged as the principal contractor responsible for the construction taking place there. “A worker sustained injuries after falling approximately 3.8 metres from a 2-storey house under construction,” SafeWork NSW said.

SafeWork NSW Brings Proceedings Against the Principal Contractor

SafeWork NSW investigated the incident and brought proceedings against Customconstruction Pty Ltd in its capacity as the principal contractor at the Avalon Beach site. The charge concerned the primary duty of care owed to workers under section 19(1) of the Work Health and Safety Act 2011, which requires all persons conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers at their workplace. “Customconstruction Pty Ltd plead guilty to an offence pursuant to section 32 of the Work Health and Safety Act 2011 for failing to comply with its duty to workers under section 19(1) of the Act,” SafeWork NSW confirmed.

Commissioner Warns That Falls from Heights Remain a Leading Cause of Workplace Fatalities

SafeWork NSW Commissioner Janet Schorer addressed the persistent danger that falls from heights continue to cause across New South Wales workplaces following the outcome of the case. The Avalon Beach prosecution was among those SafeWork NSW pursues each year in the residential building sector, where the risk of serious injury from working at height remains an ongoing enforcement priority. “Falls from heights are a primary cause of traumatic injuries and fatalities at NSW workplaces. SafeWork NSW reminds all businesses of their duty to ensure their workers are protected when working at heights,” Commissioner Schorer said.

Convicted and Fined $100,000 in the District Court, With Right to Appeal

The District Court of New South Wales convicted Customconstruction Pty Ltd and imposed a fine of $100,000 following the guilty plea, with the company retaining the right to appeal against the sentence. The prosecution centred on a domestic residential building site at Avalon Beach where a two-storey house was under construction and a worker employed to perform re-sheeting and cladding work sustained injuries in the fall. “Customconstruction Pty Ltd has been convicted and fined $100,000, in the District Court of NSW as a result of a prosecution by SafeWork NSW,” the agency announced in its April 2026 media release.