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Adelaide Show death charges to proceed against safety inspection company
Charges over the death of an eight-year-old girl, who was thrown from an amusement ride at the Royal Adelaide Show in 2014, is to proceed after a ruling by the South Australian Industrial Court.
Safety Inspection company Safe is Safe Ltd and its Queensland-based Director Hamish Munro had been accused of breaching safety laws in relation to the death of Adelene Leong, who was thrown 10 metres from the Airmaxx 360 ride at the 2014 Show.
The company and Munro challenged the validity of the charges, arguing that their duties under health and safety provisions only existed while their inspection work was being carried out and did not extend to the consequences or product of their work.
However, the Full Court of the Industrial Court yesterdaau rejected their argument and the case will now proceed to trial.
In its reasons, the Court said the duty to ensure the health and safety of other was not limited to the period in which the safety inspection was conducted and the safety certificate issued.
It said health and safety laws were capable of imposing a duty, as far as reasonably practical, to ensure the health and safety of other people, including show patrons.
In supporting the validity of the charges last month, prosecutor Liesl Chapman SC said any contention that the inspection company and Munro had no duty to ensure the safety of future patrons of the ride "can't be right and simply is not right".
Chapman stated “the very nature of their work was to certify this device was safe for use by others.”
The Airmaxx 360 ride was making its first appearance at the Royal Adelaide Show in 2014 and featured a rotating section with multiple arms that would spin and move up and down.
WorkSafe SA officers shut the ride down immediately after the incident.
The challenge to the validity of the charges was believed to be the first time the particular point of law had been argued.
A date for a trial is yet to be set.
Image shows the AirMaxx 360 ride.
14th December 2016 - NON-COMPLIANCE IN ATTRACTIONS AND ENTERTAINMENT HAS ITS COSTS
10th November 2016 - AMUSEMENT OPERATOR TO PAY $80,000 AFTER PLEADING GUILTY TO HEALTH AND SAFETY CHARGE
15th June 2016 - RIDE OWNERS CHARGED OVER ROYAL ADELAIDE SHOW FATALITY
2nd September 2015 - SAFEWORK SA COMPLETES INVESTIGATION INTO 2014 ROYAL ADELAIDE SHOW RIDE DEATH
12th September 2014 - CHILD DIES AFTER FALL FROM RIDE AT ROYAL ADELAIDE SHOW
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