Australasian Leisure Management
Feb 25, 2020

Ardent Leisure faces possible prosecution over 2016 ride deaths

Dreamworld's parent company Ardent Leisure could face up to $3 million in fines over the deaths of four guests at the Gold Coast theme park in October 2016.

Handing down the Coronial report into the deaths of Cindy Low, Kate Goodchild, her brother Luke Dorsett and his partner Roozi Araghi yesterday, Queensland Coroner James McDougall said he suspected Ardent Leisure "may have committed an offence under workplace law" and referred the company to the Queensland Office of Industrial Relations.

Ardent Leisure could face up to $3 million in fines - the maximum penalty for a serious Workplace Health and Safety breach in Queensland - if a prosecution is successful.

Queensland Industrial Relations Minister Grace Grace said an experienced independent prosecutor would examine the coroner's findings and material to determine what - if any - breaches have occurred, telling media “we will allow them to do their work.

"It depends on the category, whether it is seen as reckless or serious breaches, but (penalties) range from a maximum of $1.5 million to $3 million (in) fines, as well as for individuals up to about $600,000 and possible jail as well."

The four victims were killed when their raft on the Thunder River Rapids Ride collided with an empty vessel and flipped in October 2016.

The inquest heard a water pump feeding the ride had broken down, causing water levels to suddenly drop.

Coroner McDougall said if a qualified engineer had properly inspected the ride, the accident could have been prevented and it would have been shut down.

Coroner McDougall also said he would also pass his findings to the Board of Professional Engineers Queensland to whom he would also refer the engineer who was hired by Dreamworld to inspect the ride, stating that his failure to properly inspect the ride fell below industry standards.

No corporate manslaughter prosecutions will be available because the relevant laws are limited to employee deaths.

Queensland Police advised in October 2017 that no criminal charges would be laid against Dreamworld staff over the fatal incident.

Coroner McDougall acknowledged significant changes have been made at Dreamworld in the wake of the incident but made several broader, industry recommendations including that there be changes to the regulatory framework to include annual risk assessments of rides.

He also recommended the issue of a shortfall of experienced ride engineers be addressed.

Ardent Leisure's Chairman Gary Weiss - who was not on the board at the time of the fatalities - said the company was committed to implementing the Coroner's recommendations and said safety was the number one priority.

Dr Weiss advised "the coroner's report does not mark the beginning of change at Dreamworld, but rather represents a very important milestone in a continuous improvement journey for safety at Dreamworld that is ongoing.

"They are proactively focused on continuous improvements to safety across the park, in the areas of ride safety and reliability, training of ride operators, emergency management procedures, safety management systems and safety governance."

Appointed chairman of Ardent Leisure in September 2017, Dr Weiss said following the incident, the ride was closed, dismantled and removed from the site out of respect for the victims.

Many of the families and first responders have been compensated through private settlements.

A memorial garden will be built at Dreamworld to honour the four victims but a timeline on its construction is yet to be finalised.

Images: The Thunder River Rapids Ride in operation at Dreamworld prior to the October 2016 fatalities (top) and Dr Gary Weiss (below)..

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