Magistrate Finds ‘Mental Lapse’ Led to Fatal Scissor Lift Fall in Launceston

Introduction

A Tasmanian magistrate has found that a tragic fall from a scissor lift on a Launceston construction site in 2020 was due to a “mental lapse,” clearing a contracting company of multiple workplace safety charges. The court found only one charge proven, as it considered the actions of both the deceased worker and his employer in the lead-up to the incident.

The case highlights the limits of procedural safeguards and the devastating consequences of a single misstep in high-risk work environments.

Details of the Incident
Gerard Dezoete, 56, was working on a commercial project in Launceston on June 17, 2020, when he fell to his death after stepping backward off a raised scissor lift. Deputy Chief Magistrate Ken Stanton found that Mr Dezoete may have momentarily believed he was on ground level, misled by visual cues while working along the building’s eaves.

“It was the result of a mental lapse on his part,” Magistrate Stanton said. “Such lapses are a common part of human experience. Unfortunately, as this case illustrates, sometimes they have disastrous consequences.”

The lift had only recently replaced a series of extension ladders, introduced by the principal contractor to improve site safety.

Regulatory Actions and Findings
Bisrey Pty Ltd, trading as RnB Painting and Rendering, was initially charged with five counts of failing to comply with workplace safety duties. The Launceston Magistrates Court dismissed four of those charges, including failure to ensure a safe work method statement (SWMS) was prepared and reviewed.

However, one charge was upheld: failure to provide a SWMS to the site’s principal contractor. Bisrey manager Liam Reynolds had printed a generic SWMS but failed to deliver it before the incident occurred. The magistrate said this task “carried very little cost” and could have been easily completed.

Company Defence and Court Commentary
Defence lawyer Greg Richardson told the court that Bisrey and its director had no prior convictions and that the firm had always maintained a culture of safety. “You don’t need a document to tell you not to step off an elevated platform,” Richardson argued.

Still, Magistrate Stanton concluded that while a SWMS may not have directly prevented the fall, delivering it could have marginally reduced the risk. “If the provision of the document would have minimised the risk… it was not disproportionate to the risk which, although unlikely, carried extremely serious consequences.”

Broader Implications
The ruling serves as a reminder that workplace fatalities can stem from even experienced tradespeople making instinctive but fatal errors. While the company avoided the most serious penalties, the court acknowledged that better procedural compliance might have had a small but meaningful effect.

Magistrate Stanton also noted that it was “surprising” Mr Dezoete, as an experienced tradesman, would not have known the lift’s elevation. Nonetheless, the visual similarity to ground-level positioning may have contributed to the illusion of safety.

Facility Details
The incident occurred on a single-storey commercial construction project in central Launceston. The scissor lift had been newly introduced to replace ladders in hopes of reducing falls from height—a leading cause of death in construction nationwide.

The business, RnB Painting and Rendering, had a small crew on site and was subcontracted under Tas City Building. Mr Dezoete had been working along a wall beneath the building’s eaves when he stepped off the platform.

Conclusion
With sentencing scheduled later this month, the court’s findings underscore the importance of both individual vigilance and employer diligence. While human error may never be entirely preventable, procedural safeguards—no matter how small—can help protect against tragic outcomes.