Showground owner fined after child crushed

An amusement ride owner has been fined $67,500 by the NSW Industrial Relations Commission sitting in court session after a four-year-old boy was injured on the Love Express ride at Fairfield Showground in 2001.

O'Neill Shows Pty Ltd pleaded guilty to failing to ensure the health and safety of passengers on the ride, including the four-year-old, his seven-year-old brother and the boys' father, under Section 16(1) of the Occupational Health & Safety Act 1983. The court heard that on 7 January 2001, the three passengers were also exposed to the risk of ejection from the ride while in motion when the locking mechanism restraining them had failed. The four-year-old was seated on the outer side of the carriage and received crush injuries when the momentum of the ride forced his father to the outer edge of the seat. In handing down judgement, Justice Boland said: "Passengers were not instructed as to appropriate seating arrangements, leaving small children at risk of being crushed. The offence involved both obvious risks and readily foreseeable risks. Moreover, it would not have been difficult for the defendant to avoid the risks." WorkCover NSW Chief Executive Officer, Jon Blackwell, commented: "This case highlights the importance of proper maintenance of such rides and for operators to properly inform both their workers and passengers."