WorkSafe ACT has shut down the Weston Park Miniature Railway for failing to comply with safety laws, but the operator claims it has been "wrongfully" targeted by the watchdog.
The Yarralumla Play Station director Jason Perkins said the notice related to a technical non-compliance with the laws and "no actual risk to public safety has been identified".
The workplace safety watchdog issued a public safety alert on Friday afternoon, saying a prohibition notice had been placed on the miniature railway located in the Yarralumla Play Station.
It said the prohibition notice was issued following a recent inspection that found it was not compliant with safety laws.
"Miniature Railway at Yarralumla Play Station is prohibited from operating or directing workers to use the miniature train until issues of non-compliance are rectified to the satisfaction of WorkSafe ACT," the statement from WorkSafe ACT said.
Mr Perkins said Yarralumla Play Station had applied for a review of the prohibition notice which was issued yesterday.
"Yarralumla Play Station is extremely disappointed to learn that Worksafe has issued a public safety alert in relation to its wrongfully issued Prohibition Notice," he said in a statement.
He said another prohibition notice was issued earlier this month but it was withdrawn because it did not identify any safety issue.
Mr Perkins said WorkSafe ACT had an issue with the registration of the design of the railway, but because the railway predated the legislation, there was no pre-set design able to be registered.
"[Yarralumla Play Station] has been working to resolve this technical issue but understands there is a present significant government backlog preventing the issue and [our] application from even being looked at as yet," he said.
"From [our] perspective, the issue of a Prohibition Notice without the requirements to be able to issue such a notice having been met can only be viewed as indicative of a lack of appropriate training of the officers involved as the only other conclusion able to be reached is that there is a deliberate misuse of power occurring by individuals within Worksafe."
Mr Perkins supplied The Canberra Times with a copy of an engineers report dated February 22, 2024, from Kneebone, Beretta & Hall which stated the railway was "safe for use so far as is reasonably practical."
He said the work safety regulator should "do us the courtesy of issuing a public apology" once the prohibition notice was resolved.
Only five days ago the Yarralumla Play Station posted on its Facebook page to say the train had "gotten the green light from our engineer".
The train had been out of service earlier this month.
The Weston Park Miniature Railway first opened in 1973 and usually operates every half hour from 10am daily.
The Yarralumla Play Station has a cafe, mini golf and a petting zoo, and is a popular location for children's birthday parties. The other parts of the facility are expected to remain open.
