NSW Builder and Director Hit With Heavy Fines Over Height Fall Incident
08 May 2026•BlueSafe Team•Source: SafeWork NSW
A New South Wales construction company and its sole director have been convicted and fined a combined $500,000 after a worker fell around three metres from a residential site, highlighting the critical need for robust WHS management systems and safe work method statements (SWMS) when managing work at heights.
Acon Projects Pty Ltd and its sole director, Adrian Conditsis, have been convicted in the District Court of New South Wales following a SafeWork NSW prosecution, after a worker was injured in a fall from height at a residential construction site in Carlton.
The incident occurred on 1 July 2021, when a worker fell approximately three metres from the construction site and sustained injuries. At the time, Acon Projects Pty Ltd was engaged as the principal contractor, with Mr Conditsis responsible as the company's sole director.
Acon Projects Pty Ltd pleaded guilty to an offence under section 31(1) of the Work Health and Safety Act 2011 (NSW) for exposing workers to a risk of death or serious injury, in circumstances where it owed a primary duty of care under section 19(1) of the Act. The company was convicted and fined $480,000.
Mr Conditsis pleaded guilty to an offence under sections 32 and 27(1) of the Act for failing to exercise due diligence to ensure Acon Projects Pty Ltd complied with its WHS obligations. He was convicted and fined $20,000, reflecting the personal responsibilities of officers to actively oversee and verify health and safety compliance.
This case reinforces the importance for principal contractors and company officers to maintain effective WHS management systems, including comprehensive policies, procedures and SWMS for all work at heights. Resources such as documented WHS management systems and high-risk construction SWMS, for example those available from providers like Bluesafe and Bluesafe SWMS, can assist businesses to identify hazards, implement controls and demonstrate due diligence.
The court's decision highlights that failures in planning, supervision and safe systems of work for tasks at height can lead not only to serious worker injury, but also to significant financial penalties and reputational damage for both companies and their officers.
The full judgment is available on the NSW Caselaw website. Both Acon Projects Pty Ltd and Mr Conditsis retain the right to appeal their sentences.
SafeWork NSW has reminded businesses that falls from heights remain a leading cause of traumatic injuries and fatalities in the state, and that preventing fall-related incidents is a key regulatory priority. All PCBUs are expected to ensure appropriate fall prevention measures, safe access and egress, and task-specific SWMS are in place wherever there is a risk of a fall.
Workers with concerns about health and safety in their workplace can raise issues anonymously by contacting SafeWork NSW on 13 10 50 or via the Speak Up Save Lives online reporting tool. Employers and workers can also access practical guidance on managing the risks of working at heights through the SafeWork NSW website.