Bayon Gardens Pty Ltd faces two charges under section 23(1) of the Occupational Health and Safety Act of failing to ensure people other than employees weren't exposed to health and safety risks.
WorkSafe alleges the company failed to reduce the risk of a fall from height, so far as was reasonably practicable, after removing the balcony's balustrade as part of a contract to complete structural landscaping works.
During a hiatus of the works in December 2022, a guest of the property's owner fell approximately 2.5 metres from the unprotected edge of the balcony and died from his injuries.
The matter is listed for committal mention at the Melbourne Magistrates' Court on 12 February, 2025.
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