On 31 March 2025, a registered engineer was sentenced in the Ipswich Magistrates Court for breaching section 32 of the Work Health and Safety Act 2011 (Qld) (‘the Act’), having failed to comply with his health and safety duty as a worker, to take reasonable care that his acts or omissions do not adversely affect the health and safety of other persons.

The defendant is the owner and sole director of an engineering consulting firm, which employed himself and one other engineer. The defendant had over 10 years’ experience in conducting inspections of amusement devices for mechanical and structural aspects, conducting mandatory annual inspections, major inspections, and design reviews for amusement devices in Queensland, New South Wales, Victoria, and South Australia.

The defendant was engaged to conduct a Major Inspection of an amusement ride, the Mega Drop. 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”.

The defendant certified that the Mega Drop was safe to be operated.

On 13 May 2023, the Mega Drop was set up at the Kilcoy Show. Two 12-year-old girls were secured on the ride. 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 another volunteer ran from the ride platform to the ticket booth and pressed the emergency button on the HMI Controller.

The deficiencies in the remote control commands were not known until this incident.

The defendant breached his obligations by his omissions to ensure:

1. the emergency stop button was immediately accessible by the ride operator;
2. the remote control button combinations had distinct command functions; and
3. the major inspection was conducted in compliance with the requisite Standards.

In sentencing the defendant, Magistrate Kahlert had regard for general and specific deterrence, and that this was a serious offence for which the community and others in the industry should be aware.

In mitigation was the defendant’s early plea of guilty, cooperation with the investigation, lack of prior offending, and remorse.

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