A ban on operating a ride new to the Royal Adelaide Show was overturned at the 11th hour after the operator successfully appealed a decision made by workplace safety inspectors.
The operator of the Wipeout ride said it was another reason for the need for national regulation for show rides, as South Australia's deputy coroner called for recently.
On August 26, SafeWork SA issued a prohibition notice to the Wipeout's operator, Goldenway Amusements Pty Ltd, after inspectors found patrons who were close to the minimum approved height of 125 centimetres were at risk of being ejected in the event the ride's primary locking device failed.
SafeWork SA had considered the Wipeout's secondary locking device to be insufficient.
After failing to convince SafeWork SA to overturn the ban, Goldenway Amusements sought a stay of the workplace safety watchdog's decision in the South Australian Employment Tribunal.
Goldenway Amusements argued the ride met the relevant Australian standard and had been operated around Australia since 2009 without incident.
The tribunal's deputy president, Magistrate Stuart Cole, agreed to stay the decision after the operator agreed to lift the minimum height for patrons from 125cm to 135cm.
"Public safety is a proper concern by SafeWork. I cannot imagine that any sensible person in the community would argue otherwise," he said.
"Nonetheless, the absolute elimination of risk in relation to recreational activities would shut down a large number of rides and experiences in a variety of venues, not just the Royal Adelaide Show."
The decision was delivered last Friday — the day before the show started — but only published yesterday.
In 2014, eight-year-old Adelene Leong was thrown from a different ride, the Airmaxx 360, at the Royal Adelaide Show.
The Airmaxx 360's operator had set the minimum height at 120cm, when the manufacturer had recommended 140cm.
Operator says ride was already safe
Wipeout's operator, Broderick Pavier, who is based on the NSW Central Coast, said his ride had a "completely different mechanism" to that ride.
He said the problem was SafeWork SA's interpretation of the Australian standards for show rides and Wipeout was considered safe in all other parts of Australia as it was.
"My ride is safe," Mr Pavier said.
Two other Goldenway Amusements rides — Speed 2 and XXXL — were banned from operating at the Royal Adelaide Show in 2019 because of concerns about locking devices.
In June, South Australia's deputy coroner, who investigated Adelene Leong's death, recommended a new nationwide system of regulation for high-energy show rides.
Mr Pavier agreed the rules should be consistent nationally to give more certainty for operators.
"Adelaide is missing out on some of the best rides in the country," he said.
A spokeswoman for SafeWork SA said the agency had been working with ride operators for several months before the start of this year's Royal Adelaide Show.
"This has involved ensuring compliance to their work health and safety obligations under the South Australian Work, Health & Safety Act 2012, including verifying engineering, inspection, and design registration documents," she said.
"SafeWork SA uses the National Amusement Devices Audit Tool, used nationally by all work, health and safety regulators for amusement devices."
There is no national database for show rides.
The Royal Adelaide Show was cancelled in 2020 and 2021 because of COVID-19 restrictions around mass gatherings.
