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Kaptive Pty Ltd

Summary

Incident description:

A client suffered breathing problems and required resuscitation as a result of inadequate training and supervision whilst receiving scuba diving training for his advanced open water level diving qualification.

Investigation findings:

The investigation found the diver failed to demonstrate a fundamental diving skill while on the surface at the first stage of a training dive but was still allowed to continue the dive.

Considerations for prevention:

(Commentary under this heading may be additional to material before the court.)

While there was a dive policy and procedure in place, no safe system of work for the supervision, training and instruction of recreational diving was in place, nor was there a system in place to monitor or enforce compliance with this policy.

Court result:

In the first instance the defendant was found guilty and fined $7,500 with no conviction recorded. On appeal in the Industrial Court of Queensland, President David Hall set aside the decision of the Industrial Magistrate, imposing a fine of $25,000.

Details
   
Industry:
  
Defendant:
Kaptive Pty Ltd (ABN 931 147 7 18026 / ACN 114 718 026) (ANZSIC code 9330)
Date of offence:
29 April 2006
Location of offence:
Coral sea adjacent to Flinders Reef
Injury:
None alleged
Offence:
Simpliciter
Court:
Industrial Court of Queensland
Magistrate:
President Hall
Legislation:
s.28(1) Workplace Health and Safety Act 1995
Plea:
Guilty
Decision date:
6 October 2008 (appeal date)
Penalty:
$25,000 (increased from $7,500 on appeal)
Maximum fine available:
$187,500
Investigation costs:
$1,820.65
Professional and legal costs:
Nil
Court costs:
$65.40
In default period to pay:
Twelve months to pay, in default levy and distress
Conviction recorded:
No
CIS No.:
48318 / 26711

 

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