Modern Australian
Times Advertising

After damning report into Dreamworld tragedy, who can be held accountable under the law?

  • Written by Rick Sarre, Professor of Law and Criminal Justice, University of South Australia

Queensland Coroner James McDougall has handed down his findings into the tragic deaths of four people on Dreamworld’s Thunder River Rapids ride in 2016.

He reported a litany of failings by Dreamworld’s owner, Ardent Leisure, including shoddy record keeping, ad hoc inspections of rides and poor maintenance.

McDougall wrote “there is no evidence Dreamworld ever conducted a proper risk assessment in the thirty years of operation of the ride” and that the safety systems in place were “frighteningly unsophisticated”.

Read more: Dreamworld owner Ardent Leisure needs a lesson in managing a crisis

His conclusion was damning for the company: these failings, he said, contributed to the deaths of the four victims. Coroners are often circumspect in reporting their deliberations and findings. This is a report that pulls no punches.

Former Ardent Leisure CEO Deborah Thomas responded immediately, saying the findings are “an important milestone in the extensive and ongoing investigation” into the deaths and she hoped the recommendations will prevent such a tragedy occurring again.

After damning report into Dreamworld tragedy, who can be held accountable under the law? Four people died when a water pump malfunctioned on the Dreamworld ride. Dan Peled/AAP

Charges under workplace laws

So, what happens now? Police have not pursued criminal charges under the general criminal law against any individual Dreamworld staff. In these cases, prosecutions are more likely to be founded on workplace laws designed for this specific purpose.

But it is not the role of coroners to lay charges – they simply put their findings before the relevant authorities for consideration.

A famous example is a coroner’s unequivocal finding in 1999 that Domenic Perre had made and sent a parcel bomb to the Adelaide office of the National Crime Authority that killed a police detective in March 1994. Twenty years later, Perre has been committed to stand trial on a charge of murder as a result of subsequent police enquiries into the detective’s death.

However, in the Dreamworld inquest, the coroner said he “reasonably suspected” Ardent Leisure had committed an offence under Queensland workplace laws. He called upon the Queensland Office of Industrial Relations to consider prosecutions against Ardent Leisure.

Read more: Killed in the line of work duties: we need to fix dangerous loopholes in health and safety laws

The office administers the Work Health and Safety Act 2011 and works with the work health and safety prosecutor, a new office in existence since March last year.

These workplace laws are designed to protect all people who fall under a duty of care in and around workplaces, whether they are employees or visitors.

Under Queensland’s act, an offence has been committed if steps are not taken to avoid a significant risk from occurring, or if there is a failure to comply with regulatory requirements.

Where a death occurs or such a risk persists, a corporation can be fined up to A$3 million. An individual who was responsible for allowing, say, a lethal risk to persist – either directly or recklessly – can be fined up to $600,000, or face up to five years imprisonment.

The prosecution has to prove its case using the same standard used in all criminal matters where intention or reckless indifference are relevant – guilt beyond reasonable doubt.

After damning report into Dreamworld tragedy, who can be held accountable under the law? The inquest said Dreamworld hadn’t done a proper risk assessment on the ride in 30 years. Dan Peled/AAP

Why manslaughter charges aren’t effective

More serious criminal consequences under Queensland’s new “industrial manslaughter” laws cannot be pursued in the theme park tragedy.

Queensland’s parliament passed the laws in 2017 in the wake of the deaths of two workers at the Eagle Farm racecourse in 2016. They were also no doubt influenced by the Dreamworld deaths. These laws make it a lot easier to sentence company directors to prison for deaths in the workplace, even in the absence of their direct culpability.

But the laws cannot apply retrospectively. Moreover, the provisions only apply to the deaths of workers, not visitors to a workplace.

Read more: Why industrial manslaughter laws are unlikely to save lives in the workplace

Even so, a key problem for those promoting industrial manslaughter laws is the lack of evidence that scapegoating delinquent company executives after a tragic event is likely to eliminate dangerous practices.

Putting in place considerable resources for accident prevention is a far better use of resources than finding fault and sending people to short terms of imprisonment months, if not years, after a tragedy takes place.

Indeed, in the Dreamworld inquest, McDougall recommended significant changes to theme park management including more stringent, regular inspection of rides.

Another important deterrent against such senseless tragedies occurring again is the genuine heartache of the executives at the top of any irresponsible company, and the threat of reputational damage to them personally and their company brand.

That reminder needs to be sheeted home to all companies and businesses, not just those providing leisure and theme park entertainment. There is an important role in this regard for those who train business leaders and those who regulate their affairs.

No amount of legal redress, of course, can bring back loved ones. We can only hope every company or business in this country that has visitors in its care will learn there is no price that can be put on their safety and security.

Whether or not prosecutions proceed and are successful in the Dreamworld tragedy, every one of the coroner’s recommendations must be implemented immediately. We owe that much to those who grieve today.

Authors: Rick Sarre, Professor of Law and Criminal Justice, University of South Australia

Read more https://theconversation.com/after-damning-report-into-dreamworld-tragedy-who-can-be-held-accountable-under-the-law-132364

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...

Why Ceiling Fans Are Essential For Comfort, Efficiency, And Modern Living

Creating a comfortable indoor environment is not just about temperature; it is about how air moves, how a room feels, and how efficiently energy is ...

Why Duct Cleaning In Melbourne Is A Smart Investment For Healthier Living Spaces

Behind your walls, ceilings, and vents lies a network quietly working every day to keep your home comfortable. Yet over time, this system can become...

Disability Service Providers Supporting Inclusive And Independent Living

Finding the right support system can feel like assembling a puzzle where every piece must fit just right. For individuals and families navigating di...

A Beginner's Guide to Owning a Caravan in Australia

Owning a caravan opens up a style of travel that's hard to match for freedom and flexibility. However, for those just starting out, the process of c...

Preparing Your Air Conditioner for Summer: What Most Homeowners Overlook

As temperatures rise, many homeowners switch on their air conditioning for the first time in months — only to find it’s not performing the way i...

What Actually Adds Value to Properties in Newcastle

Newcastle has seen steady growth over the past few years, with more buyers looking beyond Sydney for lifestyle, space, and long-term value. As dema...

What is Design and Build in Construction?

Imagine you’re about to start a new construction project, maybe it’s a custom home or a commercial building. You’ve got the idea, the land, an...

Commercial roof leak detection: why early action protects your building

Water ingress is one of the most disruptive and costly issues facing commercial properties. For property managers and facilities teams, even a minor...

Custom Photo Frames: Turning Everyday Moments into Lasting Displays

Photos capture moments, but how you display them determines how they’re experienced every day. A meaningful photograph deserves more than a generi...