In October 2016, four people died in a tragic accident on the Thunder River Rapids Ride at Dreamworld. The Office of the Work Health and Safety Prosecutor in Queensland has now laid three charges against the operator of the Dreamworld theme park.
From a risk and compliance perspective, the Coroner’s report lays bare the widespread and serious risk, compliance and governance failings at Dreamworld including:
- a failure to set the right tone at the top;
- a failure to undertake and refresh risk assessments;
- poor incidents management;
- inappropriate controls;
- inadequate training;
- poorly drafted policies and procedures;
- inadequate assurance; and
- poor record keeping.
With charges having been laid under Queensland’s work health and safety legislation and class actions now being prepared, the next question is whether ASIC will consider legal action against the directors and officers of the company for a breach of section 180(1) of the Corporations Act 2001 (Cth) which requires directors and officers to exercise appropriate care and diligence when carrying out their duties.
Click here to read the full case study by Michelle Bradshaw, Special Counsel, Governance, Compliance & Regulation, Ash St. Legal & Advisory.