Billabong Pools get away with pleading ignorance!

In the tragic death of Amanda Boyce (13) who died when her hair was caught in a spa at Seahaven Resort in Noosa in 2001, the manufacturers or suppliers of the spa have pleaded ingnorance to OHS Legislative requirements and gotten away with it! From experience ignorance is no excuse and this judge was way off in his sentencing! For a start the resort only was fined $7,500 for a death, pathetic!!!!!!!!!!!!!!!! Especially given the spa didn't comply with Australian Standards (an absolute minimum compliance)!!!!!!!! But further Billabong Pools were let off and when you look at the comments from the company:

Quote
Billabong Pools director Barry Mulligan denied his company, which was contracted to maintain the spa's pumps and pipes, was responsible for the death.

“We are not safety experts,” Mr Mulligan said.

He said the industry lacked guidelines, so it was “quite unfair to put the responsibility on a small service company”

We see they have gotten away with pleading ignorance! A great big pfffffffffffffftttttttttt either the judge was paid off or the inspectors failed to provide credible evidence against the supplier!

When we look at the Queensland Workplace Health and Safety Act 1995:

7 Objective of Act

• (1) The objective of this Act is to prevent a person’s death, injuryor illness being caused by a workplace, by a relevant workplace area, by work activities, or by plant or substancesfor use at a workplace.

It is clear the objectives of the Act were not met in the extreme as death wasn't prevented!

And then when we look at Section 32 B of the Act we see:
Workplace Health and Safety Act
1995 s. 32B
(1) A supplier of new plant for use at a
relevant place for the plant has an
obligation—
(a) either –
(i) to examine and test the plant to
ensure the plant is safe and
without risk to health when
used properly; or
(ii) to ensure the manufacturer of
the plant has given an
assurance that the plant has
been examined and tested to
ensure it is safe and without risk
to health when used properly;
and
(b) to ensure the plant is accompanied
by information about the way the
plant must be used to ensure
health and safety.
(2) A supplier of used plant for use at a
relevant workplace for the plant has an
obligation–
(a) to take all reasonable steps to
ensure the plant is safe and without
risk to health when used properly;
and
(b) to ensure the plant is accompanied
by information about the way the
plant must be used to ensure
health and safety, if the information
is available.

It is clear in this case that the supplier has failed in their duty but becuase they have pleaded ignorance they have gotten away with manslaughter without any penalty and the penalty on the owner of the equipment is basically given a warning with only a $7500 fine, it is obvious that something is severly wrong, either bribes, an ignorant judge or failing of the Inspector and Dept to provide enough evidence.

Regards
Daniel