Billionaires in Business Pty Ltd
Incident description:
Billionaires in Business Pty Ltd, trading as Pro Dive Milton, was charged with failing to ensure a safe system of work for diving during a student training course.
WHSQ investigation findings:
The investigation found that the company failed in it's obligation to:
- adequately develop a regular inspection program to test and certify accuracy of depth gauges used during dive training
- accurately record depths shown on dive computers
- properly keep dive safety logs
- adequately conduct gas analysis to verify the oxygen content of the mixed gas system used.
There was no evidence that any of the identified failures caused any injury. However, the risk of death or injury presented to divers and instructors from these failures was high. The use of dive decompression tables relied upon the accurate recording of depths and mixed gas content to allow divers to safely carry out diving activities.
Court result:
The company was found guilty and fined $15,000. No conviction was recorded. The Court noted that conducting decompression dives involved high risk and is governed by performance of accurate calculations. It was critical for details to be recorded through the use of accurate devices such as depth gauges and dive computers, which was not done in this case. The penalty imposed was to deter the recreational diving industry from such conduct.
Mark Stanley Thomas (as executive officer of the company) pleaded guilty in the same Court to failing to ensure the company complied with the Workplace Health and Safety Act 1995.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Proper and careful monitoring, inspection and testing of equipment and accurate recording of data and information are vital in managing the risks arising from compressed air diving.
Visit the Workplace Health and Safety Queensland website for more information on:
- completed diving risk assessment, and
- health and safety requirements and obligations of diving.
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Industry:
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Hospitality, recreation & other services
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ANZSIC code:
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9330 |
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Defendant:
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Company: Billionaires in Business Pty Ltd
Executive officer: Mark Stanley THOMAS |
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Defendant ACN:
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-
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Date of offence:
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28 March 2005
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Location of offence:
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Flinders Reef off Moreton Island
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Injury:
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-
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Circumstance of aggravation:
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Simpliciter
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Court:
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Brisbane Industrial Magistrates Court
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Magistrate:
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Mr Walter Ehrich
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Legislation:
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Company: s.28(3) Workplace Health and Safety Act 1995
Executive officer: s.167 Workplace Health and Safety Act 1995 |
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Plea:
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Guilty
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Decision date:
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18 February 2008
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Penalty:
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Company: $15,000
Executive officer: Ordered to enter into a bond for twelve months with a recognisance of $8,000 |
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Maximum fine available:
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Company: $187,500
Executive officer: $37,500 |
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Investigation costs:
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$5,000
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Professional and legal costs:
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$6,000
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Court costs:
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$130.80
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In default period to pay:
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Twenty-eight days to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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32918
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