AusLeisure

The Victorian County Court has handed down a record $1.4 million fine to a Port Melbourne Go Kart company after a female customer died there three years ago.

AAA Auscarts Pty Ltd went into liquidation in 2008 and did not defend the case involving three charges laid under the Occupational Health and Safety Act 2004.

The fine is the highest ever in Victoria for an offence under that Act 2004.

WorkSafe Victoria's Executive Director, John Merritt, said the decision sent a clear message to those who operate all businesses, but particularly amusements.

Merritt explained "public and worker safety must be paramount and that the consequences of ignoring it will be harsh.

"Today's penalty won't bring back Lydia Carter, a wife, mother, workmate and friend to those at Summit Holden, but it underlines the potential consequences when there are serious safety failings.

The jury heard that on Friday 6th October 2006, 51-year-old, Lydia Carter and a group of workmates attended a social function at Auscarts in Salmon Street, Port Melbourne.

Mrs Carter was driving a Go Kart cart slowly around the track when her cart struck a barrier made from tyres.

Witnesses rushed to help her to discover her unconscious and bleeding from the nose and mouth. She died as a result of injuries which included a fractured skull at the back of the neck caused by a 'whiplash' type injury.

WorkSafe investigations found the barriers made from car tyres and used to protect patrons from crashing into concrete walls were inadequate and offered little protection.

An expert report also found that Mrs Carter's head struck the Go Kart's steering wheel hub because her seatbelt harness was not adequately fitted and tightened.

The court was told that before the death, seven separate incidents resulting in injuries to patrons had occurred at the Port Melbourne site over a three-year period.

Judge Allen said the evidence provided to the court demonstrated serious breaches of the Occupational Health and Safety Act 2004.

Judge Allen also said the obvious hazards and risks at the site meant there was a 'high likelihood' that workers and patrons could suffer injuries and death.

WorkSafe's Merritt, said the case was a senseless tragedy that could have been easily avoided, concluding "seven previous incidents over a short time at this business should have been more than a wake up call that fundamental safety processes used by this employer were flawed.

"WorkSafe Victoria Inspectors will continue to visit businesses across the state and take any necessary action to ensure workplace safety is a part of every working day for employers and workers.

"Particularly in difficult economic times, safety has to remain a priority.

"The consequences of not making it so can be disastrous at a human and commercial level."

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