Ardent Leisure faces three charges over 2016 Dreamworld ride fatalities

Ardent Leisure, the parent company of Dreamworld, has been charged under Queensland’s Work Health and Safety Act over the 2016 incident that killed four people when the Gold Coast theme park’s Thunder River Rapids ride malfunctioned.

In a statement to the Australian Stock Exchange today, Ardent Leisure said three charges - relating to an alleged failure to comply with a health and safety duty that exposes an individual to a risk of death or serious injury - had been filed against the company in the Brisbane Magistrates Court.

The charges, which are scheduled to be heard in the Southport Magistrates Court on 29th July each carry a maximum penalty of $1.5 million.

Significantly, the charges are against the company with Dreamworld executives responsible for the  safety at the attraction escaping individual prosecution.

The four victims died when their raft on the Thunder River Rapids Ride collided with an empty raft and flipped on 25th October 2016.

Released in February, the report from the Coronial inquest into the deaths of Cindy Low, Kate Goodchild, her brother Luke Dorsett and his partner Roozbeh 'Roozi' Araghi identified a series of failures at the park, including safety and maintenance systems that were described as "rudimentary at best" and "frighteningly unsophisticated".

Delivering his findings earlier this year, Coroner James McDougall said there had been a "systemic failure by Dreamworld in relation to all aspects of safety" and that he was referring parent company Ardent Leisure to the Queensland Office of Industrial Relations for a possible breach of workplace laws.

At the time, 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 had occurred.

According to Work Health and Safety, it is alleged Ardent Leisure had failed to ensure "so far as reasonably practicable" the provision and maintenance of safe plant and structures, and safe systems of work.

It has been further alleged the company failed to ensure the "provision of information, training, instruction or supervision that was necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business".

The independent Work Health and Safety prosecutor, Aaron Guilfoyle, said he does not intend to lay any further charges. This follows Queensland Police having last year recommended that no Dreamworld employees should face criminal charges.

Minister Grace today advised that said she welcomed the charges, stating “(they were) a recommendation from the Coroner to the Independent Health and Safety prosecutor and those charges have now been laid in the courts.

"They are the maximum charges that are in the Act, and the prosecutor is independent and we respect his decision, and we await the outcomes from the courts."

In its statement to the ASX, Ardent Leisure again expressed its "deepest sympathies" to the victims' loved ones, advising “there has been considerable change at Dreamworld over the last few years as was acknowledged by the coroner in his report.”

The statement did not advise what action the company will take in response to the charges.

Since the deaths, the Queensland Government has introduced industrial manslaughter laws. However, these laws will not be applied retroactively.

Dreamworld closed for six weeks after the fatalities, and the Thunder River Rapids ride was subsequently demolished.

Images: Dreamworld's former Thunder River Rapids Ride (top) and (below, from left) Kate Goodchild, Luke Dorsett, Roozi Araghi and Cindy Low who died on the ride in 2016.(Supplied/Facebook).