Background:
In December 2012, a primary school girl was killed at a public swimming pool in Bundaberg, Queensland after being struck in the head by an unsecured umbrella that had lifted out of its brackets in windy conditions.
The pool lessee pleaded guilty to breaching section 32 of Queensland’s WHS Act, in failing to ensure the “fixtures, fittings and plant” within his control were “without risks to the health and safety of any person”.
Decision:
The Magistrate fined the lessee $10,000 without conviction (a quarter of the man’s annual income) and ordered him to participate in two safety training programs stating that he had failed to recognise the dangers of unsecured umbrellas.
