Key Findings in WorkSafe Victoria’s Prosecution of Entertainment Velocity Pty Ltd

Entertainment Velocity Pty Ltd, operating as Funtopia in Maidstone, Victoria, was recently prosecuted by WorkSafe Victoria due to a serious safety breach at its recreational climbing centre. The incident involved an eight-year-old child who fell approximately seven meters from a climbing feature due to a failure in the self-belaying system. The child sustained spinal injuries as a result. This case underscores the critical importance of rigorous safety protocols, especially in environments where recreational activities inherently pose higher risks.

Background of the Incident

On 30 July 2022, an eight-year-old girl was attending a friend’s birthday party at Funtopia, where she ascended a climbing feature using the self-belay system designed to control climbers’ descent. However, upon reaching the top, the belay system failed, causing the child to fall nearly seven meters onto an energy-absorbing floor. She suffered two compression fractures in her spine and other injuries.

Following the incident, investigations revealed excessive wear in the self-belay device. This wear allowed the self-belay key to detach without the belay system engaging fully, putting climbers at significant risk. Consequently, WorkSafe Victoria charged the operator with failing to implement critical safety measures, which could have prevented the accident.

Safety Failures Identified

WorkSafe Victoria’s prosecution focused on two main failures by Entertainment Velocity Pty Ltd:

1. Inadequate Inspection Protocols (Charge 1):

   - The company did not have a daily inspection checklist to ensure the functionality of each self-belay device, self-belay key, and quicklink. A functional test was required, whereby each component’s engagement and security should be checked multiple times before daily operations began.

   - This lack of regular, documented inspection left potential equipment wear and malfunctions unchecked, directly leading to the system failure that caused the incident.

2. Lack of Preventative Maintenance (Charge 2):

   - The operator failed to replace each self-belay component annually or participate in the manufacturer’s maintenance and recertification program, as recommended.

   - This neglect in following an established maintenance schedule heightened the risk of failure, which is critical in an environment where patrons rely on the equipment for their safety.

Sentencing Considerations

In sentencing, the court took several factors into account. The court acknowledged that the primary consideration was the “objective seriousness” of the offense and the need for a strong general deterrent. It considered the potential for serious injury or death due to the inherent risks associated with recreational climbing.

Other factors moderated the sentencing:

- The company’s early plea of guilty, cooperation during the investigation, and immediate action taken post-incident.

- The company’s good standing as a corporate entity, with prior safety measures in place and efforts to improve protocols before the incident.

Despite these mitigating factors, the court determined that Entertainment Velocity’s failure to properly inspect and maintain the self-belay equipment was at the high end of seriousness, given the potential for severe injury.

Penalty Imposed

The company was convicted and fined $60,000, with $25,000 attributed to Charge 1 and $35,000 to Charge 2. An additional $6,000 was ordered for court costs. Notably, the fine was reduced due to the guilty plea, which provided considerable utilitarian value. Without this plea, the fines would have been significantly higher: $35,000 for Charge 1 and $50,000 for Charge 2.

This case serves as a crucial reminder to businesses in high-risk recreational industries to uphold rigorous safety standards and adhere to regular inspection and maintenance protocols. By failing to meet these standards, the company exposed patrons to unnecessary risks, resulting in a serious injury. WorkSafe Victoria’s prosecution highlights the importance of workplace safety measures and the legal repercussions of neglecting them.