Woden Green involved the construction of three apartment towers, each about 17 stories tall. Photo: Independent Property Group.
An ACT tribunal has confirmed the Territory’s work safety watchdog was right when it prevented some construction continuing at a major Woden development after a worker fell two metres to the ground.
Hindmarsh Construction asked the ACT Civil and Administrative Tribunal (ACAT) to review the decision made by the ACT Work, Health and Safety Commissioner to issue it with a prohibition notice last February.
The company was the principal contractor for the Woden Green building site in Phillip where three approximately 17-storey apartment towers were being built, acting presidential member Greg Curtin SC wrote in a recently-published decision.
He said on 11 February 2025, a man was working as a concrete patcher at the site while standing on a platform with no edge protection to prevent workers from falling off.
When the man moved backwards, he stepped off an end of the platform and fell two metres to the ground. He suffered cuts to his head and received first aid.
WorkSafe ACT was notified and inspectors arrived that afternoon. They were told the area was cordoned off after the fall and scaffolders were directed to check other areas that had similar activity occurring to ensure no gaps existed.
An inspector made a verbal prohibition notice stopping Hindmarsh Construction from allowing workers to work from any temporary structures. A prohibition notice was later issued.
Mr Curtin said Hindmarsh Construction argued the platform the worker fell from was not available to be used and should not have been used by workers.
The merit review proceedings in ACAT focused on whether the facts of the matter justifiably resulted in a “reasonable belief” that WorkSafe needed to issue to prohibition notice.
According to the legislation, a WorkSafe inspector can issue this notice if they reasonably believe an activity could involve the risk of serious harm at a workplace.
Hindmarsh Construction was the principal contractor for Woden Green. The project has now been completed. Photo: Independent Property Group.
“In my view the correct and preferable decision was to issue the prohibition notice,” Mr Curtin said.
He said he was satisfied Hindmarsh Construction had not made the platform available to workers, nor should it have been used.
“Nevertheless, it had been used and an accident had resulted in the absence of edge protection,” he said.
“At the time the respondent’s inspectors attended the site they were told, without contradiction, by [another worker] that he and others had used such platforms before and were intending to use them again.
“It follows that there was, in the absence of edge protection, a real risk of a similar accident occurring.”
Mr Curtin did order the prohibition notice be varied so it operated from 12 February to 28 March 2025.
A WorkSafe ACT spokesperson welcomed the Tribunal’s decision. They said the prohibition notice was issued to prevent workers operating from any formwork deck to conduct patching, caulking and painting without appropriate controls in place to manage the risk of falls.
“This decision affirms the validity of the processes and procedures adopted by WorkSafe ACT inspectors in issuing prohibition notices,” the spokesperson said.
“It reinforces the strong regulatory stance taken by the Work Health and Safety Commissioner in ensuring compliance and enforcing Work Health and Safety laws in the ACT.”
A spokesperson for Hindmarsh said the company was satisfied with the ACAT ruling which varied the WorkSafe prohibition notice from indefinitely to six weeks.
“The Acting Presidential Member of ACAT took the broader circumstances into consideration in his decision,” they said.
“That the platform used was not authorised for the purpose, an existing protocol was in place to identify site risks, Hindmarsh then prioritised and dealt with risks.
“Hindmarsh has a strong history in the Canberra property industry and prides itself on its safety record, regard for the safety of its contractors and their employees.”
In August 2025, Hindmarsh announced Woden Green’s construction had been completed.
