Shylah Rodden: Horror rollercoaster tragedy takes dramatic turn as investigators reveal the result of their two-year probe after woman was hit by ride while grabbing her phone

The occupational safety watchdog has ruled that roller coaster victim Shylah Rodden was most likely responsible for her own fate.

Ms Rodden, 26, was seriously injured after being struck by the Rebel Coaster at the 2022 Melbourne Royal Show after she walked onto the tracks to get her phone.

Now Daily Mail Australia can reveal that WorkSafe Victoria has dropped plans to sue the show or the company that operated the rollercoaster that hit her.

“After careful consideration of the evidence, WorkSafe has decided not to take any further action against anyone responsible in this matter at this time,” a Worksafe spokesperson said on Monday evening.

The revelations have come as a huge blow to Mrs Rodden’s family, who have had to care for her full-time since her discharge from hospital.

If there had been an adverse finding against the show’s operators and organisers, Ms Rodden could have initiated civil proceedings against them.

The decision reportedly lay in the hands of lawyers who had to assess whether the charges could be successfully pursued in court.

Decisions on whether to commence a prosecution are made and authorised by WorkSafe’s Director of Health and Safety, using delegated powers and on the basis of legal advice.

Sources told Daily Mail Australia that Worksafe officers have conducted an extensive investigation into the shocking incident at the Rebel Coaster attraction in September 2022.

Much of that research was focused on establishing whether there has been a violation of the obligations under the Working Conditions Act.

‘Enforcement decisions must take into account WorkSafe’s general prosecution guidelines, which require consideration of the evidence available, the specific elements that must be proven to succeed in a prosecution and the burden of proof that applies in criminal proceedings,’ a source close to the inquiry said.

WorkSafe’s investigation reportedly failed to produce sufficient evidence to prove beyond a reasonable doubt that there had been breaches of the OHS Act.

Mrs Rodden faces years of rehabilitation after suffering serious brain injuries when she was thrown thirty feet into the air by the fast-moving ride.

She was hit when she tried to pick up a mobile phone that she had dropped on the tracks.

Under Victorian law, WorkSafe has two years to bring charges against companies and individuals it believes have breached the state’s strict employment laws.

Although the results of the toxicology report at the time of the accident have never been made public, police sources have suggested that Mrs Rodden may have been under the influence of some form of medication.

Another reliable source said that the reason why Ms Rodden jumped onto the tracks was not a concern of the safety authority, which was concerned only with whether precautions had been taken and whether they were being followed.

WorkSafe’s investigation is believed to have focused on what the ride’s operators were doing when she ended up on the tracks.

“Her toxicity levels are not relevant to the investigation into whether the person responsible did everything reasonably possible to create a safe and healthy workplace,” the source said.

A WorkSafe inspection found the Rebel Coaster was ‘safe’ to reopen, just days after the accident.

A Show spokeswoman, who asked not to be named, defended the network’s safety procedures at the time of the incident.

“The safety and well-being of our showgoers remains our highest priority,” she said in a statement at the time.

‘Strict safety protocols are maintained in accordance with Victorian WorkSafe regulations. All on-site journeys have undergone rigorous compliance inspections and have passed all required safety documentation.’

Mrs Rodden’s discharge from hospital in January last year and her return to her family home in Craigieburn was seen as a significant step on her long road to recovery.

However, a spokesman for her legal team said in January of that year that Mrs Rodden would never fully recover.

“While this indicates her condition has stabilised, the injuries she sustained are still life-changing,” it said at the time.

Her father Alan Rodden told Daily Mail Australia shortly after the incident that his daughter had suffered life-changing injuries.

“I can’t talk to my daughter. She’ll be in a coma for a while,” he said.

“The injuries are terrible. Horrible. She has brain damage. It’s her pelvis, her arms, legs, back, neck – there’s almost nothing that’s not broken. I just can’t understand how on earth so much damage was done.

‘Even the doctors say they haven’t seen anything this bad in a long time.’

On the day she was hit by the roller coaster, Mrs Rodden was working at a friend’s stall at the Melbourne Royal Show.

The couple had a break and decided to go for a few rides to pass the time.

She is believed to have dropped her phone on the roller coaster and police suspect she walked onto the track of the high-speed track to retrieve the device.

Shocking footage of the incident was shared on TikTok days after the incident.