Entertainment Velocity Ptd Ltd, trading as Funtopia Maribyrnong, was sentenced in the Melbourne Magistrates’ Court on Friday after pleading guilty to two charges of failing to ensure people other than employees were not exposed to risks to their health and safety.
The company was also ordered to pay $6,000 in costs.
The court heard the girl was attending a friend’s birthday party at the Maidstone venue in July 2022 when she prepared to climb the ladder feature, a process that involved being fitted with a harness and connecting it to a self-belay device via a self-belay quicklink. This allowed a self-belay key, which was attached to the ground holding the cable in place at the bottom of the climbing feature, to detach and allow the user to climb the feature.
CCTV footage shows the girl correctly connecting the self-belay quicklink on her harness and being able to begin her climb. However, the self-belay key was able to be removed from the self-belay device when the quicklink was not fully engaged, so as the girl was descending she was no longer attached to the belay system’s cable, causing her to fall about seven metres to the ground.
She was taken to hospital and suffered two compression fractures to her vertebrae.
WorkSafe’s investigation found due to excessive wear within the self-belay device, the self-belay key could be removed when the quicklink was not fully engaged with the self-belay device. There was also no documented procedure for how daily functional tests of the self-belay system, self-belay key and self-belay quicklink should be performed.
An independent assessment of the self-belay device and self-belay key found the locking anchors, pin and spring assemblies were heavily worn and it was estimated that the age of the belay system device inspected was commensurate with evidence that Entertainment Velocity inherited many of the belay system components when they purchased the franchise in 2018.
The court found it was reasonably practicable for Entertainment Velocity to adequately inspect, maintain and, where necessary, replace its climbing safety equipment, including by:
- Implementing a daily inspection checklist for each self-belay device, key and quicklink that included functional testing; and ensuring the climbing features were not used until this daily testing was complete.
- Replacing each self-belay device, self-belay key and self-belay quicklink annually; or participating in the manufacture’s annual maintenance and recertification program.
WorkSafe Executive Director of Health and Safety Sam Jenkin said thoroughly inspecting and testing climbing safety equipment and replacing it in the designated timeframes were basic measures that, when ignored, had significant consequences.
“It is devastating to see the significant trauma and injury suffered by a young girl who should have been able to safely enjoy a fun day out,” Mr Jenkin said.
“WorkSafe continues to see an alarming number of issues at indoor play centres relating to the maintenance, training and supervision around climbing safety devices. With the busy summer holiday period approaching, now is the time for employers to ensure they have safe systems and processes in place to protect the public, and particularly children, from serious harm.”
