Business Law Report: Dream World Park's Legal Responsibilities

This report provides a comprehensive analysis of the legal obligations of Dream World Park, focusing on the tragic incident involving the Thunder River Rapids ride. It examines the company's failures in risk management, safety protocols, and adherence to the Work Health and Safety Act 2011, as highlighted in the coroner's report. The report delves into the company's obligations under contract law and the law of negligence, discussing the duty of care owed to theme park guests and the consequences of safety breaches. It also addresses the management of risks related to accidents on rides, theft of items, and the spread of COVID-19, including the implementation of relevant regulations. The analysis includes the fines and penalties imposed on Dream World, emphasizing the importance of legal compliance and the protection of workers and the public. The report references relevant legal frameworks, including Queensland's health and safety legislation, and provides a detailed overview of the case's implications for business law and the tourism industry.

Foundation of Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
Background facts about Dream World Park................................................................................1
Company’s obligations................................................................................................................1
Conclusion.......................................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
Business or commercial law is known as the body of law that consists of some rules that
needs to be followed by companies (Miller, 2016). If companies do not abide rules or fails in
managing safety then they have to pay against that. This present study is going to show
effectiveness of safety laws and laws under negligence of law. It protects people and also puts
pressure on companies to follow rules. It will also discussed effectiveness of health and safety
act 2011 and corona virus relevant laws as it allows companies to protect people against health
illness and improving quality of lives.
Background facts about Dream World Park
At Dream world theme park, 4 people died on a ride in the year of 2016. It was all
because of malfunction of the Thunder river rapids ride that caused the death of 4 people and all
these people were relatives. After this incident some people put allegation and said that
management was poor. Coroner’s report also said that Dream world failed in:
 Setting the right tone at the top.
 Undertaking and refreshing risk assessment.
 Poor incident management.
 Inappropriate and ineffective controlling system.
 Inadequate training.
 Lack of policies and procedures.
 Poor record keeping.
So, all of these were allegations and reasons discussed by Coroners report after incident happen
at Dream world theme park. All these charges have been laid and taken into considerations by
Queensland’s health and safety legislation and lawsuit was filed for a breach of section 180 (1)
of the corporation act 2001 (Rodríguez-Granell, 2020). As per this act, there is a responsibility of
parks and relevant institutions to exercise appropriate care while carrying out their duties.
Company’s obligations
It is found that, management at Dream world theme park failed in managing risks that caused to
death of 4 people in Thunder River rapids ride and there is a legal duty of care for theme park
guests in order to make them feel safe and also preventing them against injury and accidents.
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Obligations under contract law: Under contract law and the guarantee of due care and skill
that covers under Australian consumer law, there is a responsibility of management by law into
every contract to provide safe supply of services (Kolberg, 2016). It covers all services that are
being provided by parks and tourism industry from theme park to hotels. It is also found that
owner of this park pleads guilty to safety breaches. But prosecutors laid three main charges on
owner of this park by saying that it failed in its duty of care and each violation carries around
A$1.5m. It was known as the biggest themes park.
Obligations under the law of negligence: As per the duty of care under negligence, there is
responsibility of tourism industry to take precautions against risks of harm that re foreseeable. As
per the duty of care, manager also requires taking care of public places and all services cover
under tourism industry (Eickelkamp, 2017). It is believed that Dream world had not properly
assessed rides safety risks in 30 years and it was only a matter of negligence and time. But it is
also found that police recommended that no criminal charges should be brought against the
operator and any of its employees. They were charged against lack of safety legislations and
asked for improving safety.
Owner of this park closed this park for 6 weeks after this accident happen and demolished this
thunder river rapids ride completely. Due to Corona Virus it has been shut since March (Blacker,
2020). It followed some rules and regulations of health and safety of corona virus and also
prohibited entering of people because of protecting them against illness. But it became fail in
protecting people against injury at park in its rides.
Under negligence, owner of this park was charged as per the independent work health and safety
prosecutor because of the tragic deaths on the TRRR. Ardent Leisure has been charged with
main 3 offences under section 32 of work health and safety act 2011. Under this, it was alleged
for: provision as well as maintenance of safe plant and structure, provision and maintenance of
safe system of work and provision of information, instruction and training that was essential for
protecting all people, come in park from risks to their health and safety (Dream world Tragedy
Highlights Legal Duty of Care for Theme Park Guests, 2020).
Rather this there were requirement of pursuing category 1 charge against Ardent
Leisure but rather this category 2 offence defence to a category 1, charge under section 31. It is
believed that whatever happened at this park was not criminal if there is reasonable excuse for
the act. As per this act and accident that occur because of negligence and contract law, maximum
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penalty was around $4.5 million as a fine with each charge carrying penalty of $1.5 million as a
fine. This matter was presented in the Southport Magistrates court on 29th July 2020 and owner
of this park Ardent leisure pleaded guilty for all these charges.
Managing the risk of being sued for accidents on the rides: As per the managing risks of
being sued for accidents on the rides that happened at Dream world theme park it has been fined
A$3.6m over the death of 4 people. It is found that raft of all 4 people crashed into another and
overturned crushing them. It was all fined because of accidents on the rides and avoiding safety
laws. Court also said that accident at this theme park happened because company failed in its
duty of care and it requires taking effective actions or steps for making its rides safer than before.
Family of died members also showed their anger and grief over this loss. It was also stated that
accidents on the rides happen because of time as owner do not give enough time in maintenance
and safety of rides and tools (Dream world Accident: Australian Theme Park Fined Over Four
Deaths, 2020).
Managing the risk of being sued for theft of items stored in lockers: There are some terms
and conditions for entering in Dream world theme park and one of the main terms among all is,
people are responsible for their vehicle (Greey, 2019). This park and tourism industry under this
does not take responsibility of theft, damages of vehicles, accessories or content kept in vehicles.
But it provides locker facilities for fire but still kit does not take responsibility of any loss or
damages to personal property.
Managing the risk of being sued for failing to prevent spread of Covid-19: In this regard it
can be said that travelling amusement park and carnival operations, resumes in some areas for
protecting staff, People and guests against spread of corona virus. For managing risks related to
this there is requirement for owner of parks to follow some rules and keeps guiding principles in
mind that are: Protecting people and prohibited entry of people because as per this corona virus,
the more and longer people interact, the higher risk of becoming infected with Covid-19. This
Dream World Park also closed since March because of this risk (Megahed and Ghoneim, 2020).
If amusement parks and any organization does not abide rules of corona virus and do not restrict
areas than as per the health protection corona virus regulation act, companies have to pay fines or
penalty. One of the main aims of implementing these acts and posing penalties is to protect
people against spread of corona virus and also protect them against health disease and death. As
per this act, tourism and other organizations cannot give entry to people.
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So, from the above managing risks and accident happened at Dream world park, it
can be said that as per the section 32 of work health and safety 2011, companies have to pay
around $15oo, 000. It is being imposed when the failure exposes an individual to a risk of death
or serious injury. In the case of an offence committed by body (Work Health and Safety Act:
2011: Sec 32, 2018). One of the main aims of this act is to protect people and secure health and
safety of workers at workplaces. As per the act of health and safety of Queensland, owner of
Dream world park was fined as he failed in protecting health, safety and welfare of workers and
other people at park.
Conclusion
It has been summarized from the above study that implementing and following all rules and
regulations of developed laws plays an important role. It helps people and owner of
organizations to protect them against injury and accidents that may happen due to lack of policy
implementation and improper safety. Lastly, it has also discussed reasons of closing amusement
parks and other organizations due to Corona virus and implementing relevant laws as it protects
people against illness and by getting affected from it.
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REFERENCES
Books and Journals
Blacker, V., 2020. Consumer gains-enhanced protections for funded shareholder class
actions. Equity. 34(7). p.15.
Eickelkamp, U., 2017. Finding spirit: Ontological monism in an Australian Aboriginal desert
world today. HAU: Journal of Ethnographic Theory. 7(1). pp.235-264.
Greey, A., 2019. “It’s Just Safer When I Don’t Enter”: Examining Barriers to Trans Inclusion in
Binary-gendered Locker Rooms and Restrooms (Doctoral dissertation).
Kolberg, S., 2016. Constructing a “democratic” dreamworld: Carnival cruise ships and an
aesthetic of optimism. Journal of Consumer Culture. 16(1). pp.3-21.
Megahed, N.A. and Ghoneim, E.M., 2020. Antivirus-built environment: Lessons learned from
Covid-19 pandemic. Sustainable Cities and Society. 61. p.102350.
Miller, R.L., 2016. Business Law Today, Comprehensive. Cengage learning.
Rodríguez-Granell, A., 2020. A critical approach to Pastime Park (1893-1914) as an
exhibitionary and dreamworld complex. Visual Studies. 35(2-3). pp.149-160.
Online
Dream world Accident: Australian Theme Park Fined Over Four Deaths. 2020. [Online].
Available through < https://www.bbc.com/news/world-australia-54321389>
Dream world Tragedy Highlights Legal Duty of Care for Theme Park Guests. 2020. [Online].
Available through < https://www.ausleisure.com.au/news/dreamworld-tragedy-
highlights-legal-duty-of-care-for-theme-park-guests/>
Work Health and Safety Act: 2011: Sec 32. 2018. [Online]. Available through <
http://classic.austlii.edu.au/au/legis/act/consol_act/whasa2011218/s32.html#:~:text=(c)
%20the%20failure%20exposes%20an,or%20serious%20injury%20or
%20illness.&text=(c)%20in%20the%20case%20of,offence%20(see%20s%2012A>
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