2015-H

Court Summary - at a glance

Date of offence:
28 April 2014
 
Plea:
Withdrawn
 
Decision:
Withdrawn
 
Final decision date:
 
Fine imposed:
Not applicable

Safety lessons learned:

Not applicable

Defendant name:
2015-H
 
Industry:
Education and training
 
Date of offence:
28 April 2014
 
Facts in brief:
The Defendant was contracted as a trainee diver trainer for occupational diver training courses.
The victim was taking part in a training course based at Lake Puketerini, Huntly. The victim did not meet the preliminary requirements for the course of having logged ten eligible dives and failed to complete a 200m swim test on the day of the incident, to the extent he had to be assisted ashore. He had not completed mandatory first aid assessment and certification prior to diving. He was also observed having difficulties dressing into his scuba equipment. On the day of the incident, the first day of week two of the course and the first day of diving, there were poor visibility conditions. The trainees lost sight of the supervisor in the Lake. The Defendant was on the shore of the lake during the dive. After about six minutes in the water, the victim was observed at the surface without his dive mask or breathing regulator and appearing to be in distress. The required risk assessment that was completed prior to the dive was inadequate in a number of critical areas.
The victim was found at the bottom of the Lake by another trainee after a search lasting several minutes. Attempts on the shore to resuscitate him were unsuccessful. The cause of death was drowning.
 
 
Offence section:
• Section 66(1) of the Crimes Act 1961 and sections 17, 49(1) and 49(3) of the Health and Safety in Employment Act 1992
• Section 66(1) of the Crimes Act 1961 and sections 17, 49(2) and 49(3) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Huntly - District Court
 
Plea:
Withdrawn
 
Final decision date:
 
Decision:
Withdrawn
 
Fine imposed:
Not applicable
 
Maximum fine available:
$250,000
 
Reparation:
Not applicable