A Melbourne father has described watching his daughter being treated by paramedics as his “worst nightmare” after she fell seven meters at an indoor play centre.
The eight-year-old girl was attending a friend’s birthday party at Funtopia Maribyrnong on July 16, 2022, when a belay device failed and she plunged to the ground from the top of a rope ladder.
She hit the ground first and didn’t move on the mat.
The company operating the venue, Entertainment Velocity Pty Ltd, was charged by workplace regulator WorkSafe in March this year following an investigation into the incident.
The company pleaded guilty at a hearing last month to two breaches of the Occupational Health and Safety Act and returned to the Melbourne Magistrates Court on Friday, where a $60,000 fine was imposed.
In a statement to the court, the girl’s father said he had been working nearby and rushed to the location after receiving a phone call.
“It was my worst nightmare to see my child in a stretcher with a neck brace on,” he said.
‘Not a day goes by where I don’t think about her injury and the impact it could have on her life.’
The eight-year-old girl was attending a friend’s birthday party at Funtopia Maribyrnong, in Melbourne’s west, on July 16, 2022, when a belay device failed and she plunged to the ground from the top of a rope ladder (photo is Funtopia Maribyrnong)
The court was told the girl suffered two compression fractures in her spine and was still in pain months after the incident.
She told the court in a letter that the injury had changed her life as she was forced to give up gymnastics and swimming.
“Sometimes it hurts and doesn’t stop for a while,” she said.
The court was told the gaming center was originally managed by Funtopia but had changed hands and Entertainment Velocity became a franchisee of the chain in 2019.
WorkSafe prosecutor Tristan Joseph said the self-affirming safety device was found to be ‘extremely deteriorated’ during an expert examination after the horror fall.
“It was so degraded that it just completely failed,” he said.
‘The fact that an incident has not occurred before must be attributed to luck.’
Entertainment Velocity’s Stephen Russell told the court that all equipment had been replaced immediately after the accident and the company had now committed to spending $180,000 on new ‘state of the art’ equipment.
At an earlier court hearing he said his client had relied heavily on Funtopia to provide information on safety and maintenance, but accepted responsibility for the breaches.
‘There were checks and balances. We were not aware at the time that our system was inadequate,” he said.
The girl was injured during a classmate’s birthday party at the play center
In issuing the fine and recording a conviction, Magistrate Louise Wildberger found this was a serious departure from safety practices.
“There is no doubt that this would have been an incredibly traumatic experience,” she said.
Ms Wildberger said the company had failed to rigorously monitor and maintain equipment “which was central to the business that Entertainment Velocity provided”.
In a statement, Funtopia extended its “sincere condolences” to all those affected by the incident and said it had cooperated with WorkSafe.
“Safety is of the utmost importance to Funtopia, and all franchisees are rigorously trained to conduct their operations safely,” said operations manager Wayne Kong-Gardiner.
“However, the conduct admitted by the franchisee is significantly below our standards.
‘Given the admission of guilt, the franchise code gives the franchisor options, including dismissal.
‘The franchisor is seeking legal advice to find solutions that are not disruptive to our customers.’