English tourist dies on Intro dive - Queenland Australia

[Wingy]

Coronial recommendations are only made if the coroner finds a failure in the system. Plus, we don't have a litigious culture.

 

[mmerriman]

In Cayman there are lots of rules and regulations we are supposed to adhere to but apparently are not actual laws so in theory cannot be legally enforced. I guess when a tradegy occurs they may rethink it. Maybe it is the same in OZ. The responsible ops try to do the suggested things, even if it means angry customers sometimes, and the ones who are in it for the money just worry about turnover.

Criminal lawsuit - someone broke a law, the authorities enforce the law and consequence. Civil lawsuit - nothing against the law, but you damaged someone somehow - they bring you to court to collect on damages.

 

[Wingy]

No, it's very different in Aus. "Rules and regulations" translate to Industry Standards, Codes of Conduct and Legislation.

The Legislation (particularly in QLD in the context of the Scuba and Water sports industries) is very heavy regulated and enforced. WorkSafe have the power to do spot inspections and can immediately close down any operation found to be in breach of legislation.

To be immediately directed to cease all activity would mean a serious breach, generally a "Prohibition or Improvement" notice with a time limit is handed down giving the company the opportunity to rectify the issue. If not rectified in time a Prosecution notice is issued and the company is tried in the Industrial Relations tribunal (most cases)

As Wetpup mentioned QLD has different legislation to other states due to the volume of tourists and the greatest number of dive ops in the country. Each state has at present different legislation which will be changed soon under the harmonisation laws meaning all standards are Aus wide.

No dive op wants to be hauled before a magistrate...the ones "just in it for the money" are generally long gone. Legislation dodging costs you your business house and assets in fines if the offence is serious enough.

If a company is found responsible for a fatality or serious injury then yes, a civil suit can be initiated. Aus civil payouts are rarely if ever in the millions.

What will be interesting is when the first case tried under the Industrial Manslaughter with a Jailable penalty is held.

 

[John the Pom]

The dive site where this unfortunate accident happened is probably one of the easiest and safest site I have dived in my over 4,050 dives. Personally, reading the recommendations after seeing other evidence about what happened, I doubt that it would make any difference to what happened (see my later comment). My very first dive back in 1988 in French Polynesia was a "resort dive". We were properly trained before we did it. However, from what I see now, resort courses do not have the level of training I did before I did my actual first dive. Perhaps it is time to totally ban them except in a swimming pool?

I agree totally that the current "resort dive" thing is very worrying from a safety perspective. I don't know the exact dive site, but when we dived around the Whitsunday Islands themselves, the viz was very poor - like a murky day in Sydney Harbour. A small group could easily get separated, then: panic, negative buoyancy at the surface with essentially no training in how to remedy it, and then tragedy.

I've seen a trained but inexperienced diver in a panic at the surface, struggling to keep their head above water. I swam right up to her and said in a clear, loud voice, "Inflate your BCD!" - nothing - blind panic - until I physically pushed the button myself. Ten seconds later, she was fine and happy. It quite literally makes me want to cry to read about tragedies like this one where young people lose their lives so needlessly.

 

[Pearlman]

The Coroner's recommendations are:
​

• • A maximum introductory diver to instructor ratio of 2-1, or 1-1 if conditions are poor (such as current, visibility or surface chop).

  • That the term 'resort dive' be renamed to 'introductory dive'.

My condolences. Remembering my first introductory dive, I am not surprised this happens with some amount of periodicity. A spotter and diver snorkelling on the surface looking down is a good idea when the group size exceeds 1:2 - much like a lifeguard stationed at the beach. Despite the Coroners recommendations there will always be those dive shops that wants the business when a large vacationing group decides to do the Intro dive, with no manpower to backup for a 1:2 ratio.

On the side, introductory dives should be conducted in dive sites earmarked for their placid conditions all year round - if there is such a possibility. Easy conditions can quickly fuel an individuals feeling of control, mastery or competence with all the associated positive emotions and underlying brain chemistry to encourage ones aspirations into further scuba activities. Besides the safety aspect, and with bad conditions, only a determined beginner will continue from there into a regular hobby and help the industry and sport thrive. Difficult conditions on an introductory dive are likely to turn around a prospective beginners enthusiasm, especially for those that rarely or never swim the ocean due to their location.

P

 

[Wingy]

They were fined 160K and ceased trading according to one of the linked articles.

I do like the idea of a weighted marker on all boats.

 

[clownfishsydney]

Wings were certainly still running in the Whitsundays last July and August when we were sailing the area in our yacht.

 

[Wingy]

Bad reporting - I can see a company of that name offering sailing and snorkelling trips. Not sure if same company but no scuba offered

 

[clownfishsydney]

Scuba was still being offered last year!