After an extensive investigation SafeWork SA has filed charges in the Industrial Magistrates Court alleging breaches of work health and safety legislation by Safe is Safe Ltd and Hamish Munro, who inspected and verified the safety of the ride.
The charges have been filed as a category 1 offence, which carries a maximum penalty for an individual of a $300,000 fine or a five-year jail sentence or both.
It will be the first time a category 1 offence has been prosecuted under SA’s health and safety laws, Attorney-General John Rau confirmed.
Mr Rau said it was alleged that the offences contained an element of ‘reckless conduct without reasonable excuse’.
He said the crown solicitor’s office was also continuing to assess the evidence in relation to Adelene’s death with a view to potentially prosecuting other parties associated with the show ride.
The ride was making its first appearance at the show and featured a rotating section with multiple arms that would spin and move up and down.
It was shut down immediately after the incident. In a statement on Saturday, Mr Rau also expressed ‘my sincere condolences to the child’s family and friends’.