The operator of a popular Victorian carnival has been served with over 100 child employment charges, less than six months after the death of a boy who fell from a ride at the same location was deemed preventable.
Wittingslow Carnivals is accused of breaching the Child Employment Act 133 times at the Rye Summer Carnival between December 26, 2022 and January 28, 2023.
Wage Inspectorate Victoria alleges the carnival operator employed three children under the age of 15 without a permit on 52 occasions and a child below the minimum age of employment on 24 occasions.
In Victoria, a child must be at least 13 for most types of work and employers must obtain a child employment permit or licence to employ someone under 15.
The operator of the carnival on Rye foreshore is also accused of employing children later than 9pm on 52 occasions and a child for more hours than they are permitted to work on five occasions.
During school holidays, children can be employed up to six hours a day and 30 hours a week and can only work between 6am and 9pm.
Each offence holds a maximum penalty of almost $14,500, meaning the amusement ride operators could be facing up to $2.46 million in fines.
The matter is expected to be heard in the Melbourne Magistrates Court late next month.
In April 2017, six-year-old Eugene Mahauariki was killed after falling from the Cha Cha ride at the Rye Easter Carnival, also operated by Wittingslow Carnivals.
The boy slipped from the seat of his favourite ride at the carnival and struck his head as he fell, suffering fatal head injuries.
Wittingslow was originally charged with breaching workplace safety laws, but Worksafe dropped the charges in 2020 after discussions with the accused.
In November last year, a coroner found restraints on the ride did not meet Australian standards and the boy’s death was ultimately preventable.
The inquest into the boy’s death also prompted calls for a review into Victoria’s amusement park industry, including better standards for training of riding attendants and operators, more stringent checks on carnival rides and an improvement to national ride auditing tools.
