On 18 October 2024, an amusement ride owner operator was sentenced in the Ipswich Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (‘the Act’), having failed to comply with his primary health and safety duty.

The defendant was a sole trader who operated a variety of amusement rides for 25 years. In December 2022, the defendant purchased the Mega Drop ride, a 40-metre-tall standalone ride. The Mega Drop seated 12 passengers in four gondolas, securing three passengers on each side of the tower. The ride slowly ascended to the top, and free-fell about 32 metres, before slowly returning to the ride platform.

The Mega Drop could be operated by a stationary controller and a remote control. The Human Interface (HMI) Controller was the primary controller, with a designated emergency button, and installed in a ticket booth that was separate to the ride itself. The remote control could also operate the ride by a series of button combinations. The ride cycle could be activated by pressing buttons “1” and “9”. Button “16” would immediately halt the ride cycle.

On 13 May 2023, the defendant set up the Mega Drop at the Kilcoy Show. Three volunteers assisted in operating the ride on this date. Two 12-year-old girls were the only passengers on the Mega Drop and were secured into the gondola by over shoulder harnesses. As the gondola ascended, the harnesses released and opened. One child held onto her harness, the other thought someone told her to “jump” and she jumped off the ride. She was caught by a volunteer, but both fell backwards, and she suffered a fractured ankle. As the incident unfolded the other volunteer ran from the ride platform to the ticket booth and pressed the emergency button on the HMI Controller.

Until this incident the defendant was unaware the harnesses could be discharged during an active ride cycle. It only became clear during the WHS investigation that button “9” on the remote control released the harnesses. The remote control was principally what led to the operator error, both in the accidental selection of commands by the volunteer and his lack of recognition to instantly stop the ride using the remote.

Prior to operating the Mega Drop, the defendant engaged an engineer to perform a Major Inspection of the ride. The defendant relied on that certification to satisfy himself the ride was safe to use. The defendant pleaded guilty on the basis that he failed to familiarise himself with the HMI Controller and remote control functions, to clearly label the remote control button combinations, to have an identifiable emergency stop button that was immediately accessible on the ride platform, and to adequately train volunteer operators.

In sentencing the defendant, Acting Magistrate Turra accepted the risk of falling from height was foreseeable and obvious, even if the precise circumstances of the harnesses being remotely released was not.

In mitigation was the defendant’s early plea of guilty, lack of prior offending, and his clearly demonstrated remorse. While not matters he considered as mitigatory, his Honour did acknowledge the expense incurred post-incident for expert modification to the Mega Drop including re-programming of the HMI controller and installing additional seatbelts (over $195,000), and the significant loss of revenue from the Mega Drop being out of commission since the incident.

His Honour considered the risk could have been addressed without the considerable expense by reading the user manuals, knowing what all the remote control buttons did, labelling an emergency stop button and other operational combinations on the remote control; menial measures to mitigate user error.

His Honour accepted the defendant’s reliance on the expert engineer report but notwithstanding that, it was incumbent on the defendant to conduct enquiries about the remote control, and implementing the other particularised control measures.

His Honour remarked of the terrifying experience the two children would have faced.

In imposing a penalty his Honour had regard for general deterrence, particularly in the circumstances where amusement rides are being operated for and used by members of the public including children, and amusement ride operators must be deterred for complacency when it comes to the safety of others.

A fine of $50,000 was imposed on the defendant along with $1601.40 in costs. His Honour exercised his discretion not to record a conviction.

OWHSP contact: enquiries@owhsp.qld.gov.au