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Reanimated35

Dreamworld: Queensland Government considering legal action after Thunder Rapids deaths

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http://www.abc.net.au/news/2017-09-30/government-could-prosecute-dreamworld-over-thunder-rapids-deaths/9003820

Well this was kind of a given really. 

 

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The Queensland Government is considering legal action against Gold Coast theme park Dreamworld following last year's fatal ride malfunction, which led to the deaths of four people.

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Workplace Health and Safety report into the tragedy had finished, but would not be publicly released.

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can't release it because they're considering further action,

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The report has now been handed over to the WHSQ prosecutions unit to determine the legal consequences of the investigation and the next course of action," Ms Grace said.

That process is expected to take several months

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In August, the Government began the process of making "industrial manslaughter" an offence, after an independent review into the Dreamworld tragedy.

However at the time Ms Grace said it was too early to tell if the legislation would be used in relation to the incident.

 

That's the good bits, here's the full article:

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The Queensland Government is considering legal action against Gold Coast theme park Dreamworld following last year's fatal ride malfunction, which led to the deaths of four people.

Industrial Relations Minister Grace Grace said a Workplace Health and Safety report into the tragedy had finished, but would not be publicly released.

"The report has now been handed over to the WHSQ prosecutions unit to determine the legal consequences of the investigation and the next course of action," Ms Grace said.

"That process is expected to take several months.

Cindy Low, Kate Goodchild, her brother Luke Dorsett and his partner Roozbeh Araghi were killed on the Thunder River Rapids ride when their raft collided with another near a large conveyor belt at the end of the ride.

Mr Araghi's father Behrooz, who lives in Canberra, told the ABC that the Government had informed him that the report was finished, but said he would not receive a copy.

"They said they can't release it because they're considering further action," Mr Araghi said.

"I know these things take a long time, two years three years."

He said he could not comment on whether or not Dreamworld should be charged for the death of his son.

"I don't have enough information," Mr Araghi said.

In August, the Government began the process of making "industrial manslaughter" an offence, after an independent review into the Dreamworld tragedy.

However at the time Ms Grace said it was too early to tell if the legislation would be used in relation to the incident.

The theme park has struggled financially in the wake of the deaths, with visitor numbers down 30 per cent for June — a month that included two weeks' of school holidays.

 

 

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It won't close as punishment if that's what you mean.  If the recovery takes longer than expected and they begin to doubt a recovery is possible than sure it could close.  It is a business after all, Village Roadshow could decide tomorrow that they want out of the theme park business too and sell up.  This isn't news to anyone who follows this sort of thing, and won't come as a surprise to anyone at Dreamworld/Ardent.

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1 hour ago, Glubbo said:

I don’t know about everyone else, but I’m so fcking sick of the media showing the photos of the remains of the victims. 

 

Showing the floral tributes would be much better.

But no one is getting charged for floral tributes?

It's confronting, but no more confronting than the car crashes or house fires on the news every day. It's relevant footage to a newsworthy story.

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12 hours ago, Theme Park said:

What would happen if dreamworld are found to be guilty.

depends really they could just be fined A LOT. i don't think they would make them close down...unless it's really serious?

Edited by bladex

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14 hours ago, Glubbo said:

I don’t know about everyone else, but I’m so fcking sick of the media showing the photos of the remains of the victims. 

 

Showing the floral tributes would be much better.

You mean some white sheets covering a body? No one has shown the actual remains of the victims. 

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7 hours ago, Reanimated35 said:

You mean some white sheets covering a body? No one has shown the actual remains of the victims. 

Yeah, the sheets. I'm not protesting down the main street of the city about it, but I think the media could be more considerate. The families and staff don't need this shoved in their faces.

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I think this is a case where people need to stop criticising the media for reporting facts.

We all know they can be shocking a lot of the time with sensationalised reporting of non-incidents, but they don't have to sensationalise this incident, and they don't.

4 people died and we're lucky it wasn't 2 more. You can't just blindly defend Dreamworld as a lover of parks, if they're found to be guilty through a proper process then I have no qualms supporting legal action against them.

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and while its still speculation until the report is released the fact its not been released is look like dreamworld as been found at falt 

witch means there now open to law suits witch is going to cost them much more $$$ then they have already lost 

and if they are to blame its there own falt 

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You really have to be found negligent to be held accountable as far as fines go. But that doesn't mean negligence occurring in this particular incident, it could be previous actions, procedures or operations too that fostered an environment where something like this could happen. It opens up the people in charge of the maintenance department to being charged too, along with whoever inspected the ride that day, and maybe even engineers who had performed previous inspections and passed the ride if it turns out that there was a design flaw/modification that was even partially responsible. It's not something you can even make an educated guess on if there is no report being made available, because people could be facing not only fines, but real jail time depending on the findings.

Edited by Levithian
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27 minutes ago, Levithian said:

You really have to be found negligent to be held accountable as far as fines go. But that doesn't mean negligence occurring in this particular incident, it could be previous actions, procedures or operations too that fostered an environment where something like this could happen. It opens up the people in charge of the maintenance department to being charged too, along with whoever inspected the ride that day, and maybe even engineers who had performed previous inspections and passed the ride if it turns out that there was a design flaw/modification that was even partially responsible. It's not something you can even make an educated guess on if there is no report being made available, because people could be facing not only fines, but real jail time depending on the findings.

yes but its sadly looking like it was not just a freak accident witch I'm sure a not the outcome we were hopeing for 

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I'm still guessing that it was quite a freak accident, which in hindsight is easily possible to now see the reasons for.

As @Levithian said, "Procedures or operations too that fostered an environment where something like this could happen"  is the most likely way to classify this.

This still doesn't mean that nobody should be held accountable, it's just unfortunately understandable as to why such a unique incident would slip through the assumedly minuscule cracks of safety procedures and standards during the design and construction process. 

I'd bet my parents' house without their knowledge on such an incident never occurring again on any rapids ride with a conveyor lift thanks to this one incident.

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The accident report, whilst compiled by experts, is still just 'opinion' of those experts. It is no way is a legal finding of negligence or recklessness (or any other legal term of fault) and the only way there can be is if it is taken to court and they are found liable \ guilty.

The fact that they have withheld the report is probably because they are now seeking legal opinion on whether it is a viable case to take to court - so even at this stage, nobody is sure, and it may very well be the case that the legal opinion sought returns to state that the case is not worth pursuing... so let's calm down with the sky falling shit for now, hey?

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It seems that state police in a report to the government are recommending no criminal action be taken against dreamworld staff however the final decision does appear to be up to the coroner. However police are also understood to have recommended a coronial inquest into the tragedy which is expected to occur by 2018 at the earliest.

http://www.sbs.com.au/news/article/2017/10/21/no-charges-sought-over-dreamworld-disaster 

Edited by Theme Park

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