A gate manufacturer and installer has been convicted and fined $50,000 following a serious incident in which a 200 kg sliding gate fell onto a mother and her three young children in Sydney’s inner west.
The incident occurred in September 2022 when the sliding gate overran its supports and collapsed onto pedestrians walking along a public road.
Following a prosecution by SafeWork NSW, the company’s sole director pleaded guilty to failing to exercise due diligence to ensure the business met its work health and safety obligations under the Work Health and Safety Act 2011 (NSW).
The Industrial Court of New South Wales imposed a $50,000 fine on the director. In related proceedings, the owner of the premises where the gate was installed was also fined for breaches arising from the same incident. Proceedings against the installation company were later withdrawn after the business entered liquidation.
SafeWork NSW said the case highlights the critical responsibility of businesses involved in the design, manufacture, supply and installation of gates to ensure their products are safe and fit for purpose.
For the fencing and gate industry, the incident reinforces the importance of:
- Designing and installing gates that cannot overrun their supports.
- Ensuring gates are correctly installed, inspected and tested before being placed into service.
- Following relevant Australian Standards, manufacturer specifications and engineering requirements.
- Regular inspection and maintenance of automated and manual gate systems throughout their service life.
AFGI encourages all contractors, manufacturers, suppliers and property owners to review their gate safety practices and ensure appropriate risk controls are in place to help prevent similar incidents.
The matter was prosecuted by SafeWork NSW. The convicted director retained the right to appeal the sentence.