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Electrician Did Dangerous Work? Demand They Fix It Now (Or Pay Someone Who Will)

Exposed wires, a switchboard with no RCD, a light fitting that trips the power. Unsafe electrical work is a major failure. Here is how to force rectification.

Topics: dangerous work, electrician, letter of demand, rectification

You paid an electrician $2,800 to add power points, a new light circuit and an outdoor outlet. A week later the safety switch trips every time it rains. A second sparkie has a look and goes pale: the outdoor point isn’t weatherproof, two circuits are doubled up on one breaker, and there is a junction box behind the plaster with no cover on it. His words: “This could start a fire.”

You rang the first electrician. He said he’d “come by next week”. That was three weeks ago.

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Unsafe work is a major failure

Electrical work in Australia must comply with AS/NZS 3000 (the Wiring Rules) and your state’s electrical safety law. Work that does not comply is not just bad, it is illegal, and the electrician’s licence is on the line. On top of that, the Australian Consumer Law applies:

  • Section 60 – services must be provided with due care and skill. Non-compliant electrical work fails this by definition.
  • Section 61 – the work must be fit for its purpose. A circuit that trips in the rain is not.
  • Section 267 – for a major failure (and unsafe work is always major), you can cancel, get a refund, and recover the cost of having it fixed properly. You do not have to give them another go.

Get the paperwork that proves it

  • Did the electrician give you a Certificate of Compliance (called different things in each state: CCEW in New South Wales, COES in Victoria, Certificate of Test in Queensland)? If not, that alone is a breach and a regulator will want to know.
  • Get the second electrician to write a short report listing each defect and the standard it breaches, with photos.
  • Get a quote to rectify.
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Ready to put it in writing?

Answer 3 quick questions to check you have the details your document needs, and see your next step.

1. Who owes you?

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Do not let it sit

This is a safety issue. Give the original electrician one short written deadline (48 hours to 5 days) to attend and rectify. If he doesn’t, have the second electrician fix it. Under s 267, if he refuses or fails to fix a failure that is not major within a reasonable time, you can have someone else fix it and recover the reasonable cost. If the failure is major, you can cancel and claim compensation, plus damages for reasonably foreseeable loss, which can include the cost of having it fixed.

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A formal demand with a clear deadline is often the first step before a tribunal or court claim.
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Then send the Letter of Demand

Your letter should include the defect report, the rectification invoice or quote, the ACL sections, your state’s electrical safety law, and a 14-day deadline. State clearly that if unpaid, you will file at the tribunal and lodge a complaint with the electrical safety regulator (Fair Trading in New South Wales, Energy Safe Victoria, the Electrical Safety Office in Queensland, and so on).

The regulator complaint is the part that works. Electricians can survive a tribunal loss. They cannot survive losing their licence.

You paid for safe power. You got a fire hazard. That is not a negotiation.

Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.

What happens when you send a Letter of Demand

Same problem. What a prepared case looks like.

Before — doing it yourself
You text them. They ignore you.
You email again. "Sorry, been busy."
Weeks pass. Nothing changes.
You start to feel like the annoying one.
→
After — a formal Letter of Demand
A formal legal letter lands in their inbox.
It cites the Act, the amount, and the interest.
It gives them a clear deadline to pay.
If they do not, you have the paper trail a tribunal or court will ask for.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
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Getting it drafted

Can I have a Letter of Demand drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.

How much does a Letter of Demand cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Letter of Demand in Australia?

No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Letter of Demand template doesn't?

It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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