Now, South Australia’s Education Department has been hit with a massive $225,000 fine for the same offence. This penalty follows a horrific incident where a student sustained life-threatening facial injuries from an unfixed broken swing on a school playground. The September 2017 incident happened when a dramatically “severely worn” bolt that had been heavily worn down over time failed under working conditions. This case brought national attention to the department’s repeated inability to keep children safe through our nation’s playgrounds and follow established inspection procedures.
The offense that led to the civil fine was at a parking lot at a High School. In this case, the school principals were given the liability burden of inspecting the school’s playground equipment. Yet, it was the department’s failure to communicate what they expected, or do the inspections required as federal law requires. The tribunal revealed that quarterly inspections failed to account for load-bearing moving parts of the swings, which contributed to the tragic event.
The Incident and Its Consequences
In his judgment, Stephen Lieschke, the tribunal’s deputy president, said it could not overstate the seriousness of the oversight. His statement that 95 percent of the bolt had corroded away before any inspection was performed. Lieschke added that the school’s playground equipment had never been subjected to a thorough yearly inspection. This lack of oversight continued for the eight years prior to the crime. He emphasized that the quarterly inspections failed to cover the most critical parts of the swings. These small, yet critical, details have the potential for catastrophic failure.
From April 2018 to January 2021, daily visual inspections were recorded on only five days according to maintenance records. The same can be said for quarterly inspections during that period. Lieschke continued, “There is no evidence that anyone ever checked any of the critical load-bearing, critical moving parts of the swing during these times.” The department never established a consistent practice of reviewing, verifying, and auditing recreational playground inspections. Consequently, they were found guilty of violating their safety requirements.
As a remedy to this failure, South Australia’s Education Department has already changed its inspection processes. A spokesperson for the department said in a statement, “We’ve got a new, centralized approach, which will support us in delivering annual, statewide, whole-of-campus inspections of outdoor learning environments and playground equipment to all schools and preschools.” It is hoped that this new system will continue to do so while maximizing Australian safety standards and safety oversight.
Changes in Inspection Protocols
Following the incident, and the subsequent fine, South Australia’s Education Department moved promptly. Since then, they’ve worked to make playgrounds much safer. The department uses independent contractors to complete their yearly playground inspections. This ensures that all facilities meet the same safety requirements and quality standards. These inspections,” the spokesperson continued, “are rigorously assessed against the requirements of all relevant Australian standards and department policies.
These proposed changes are the latest in a series of reforms aimed at stopping similar things from happening again moving forward. The department’s chief executive expressed remorse in a letter sent to the family of the injured student, acknowledging the impact of the incident on their lives. The department has definitely not rested on its laurels, pledging to review and strengthen its safety processes in a constant cycle.
The tribunal’s decision pointed to a significant problem. Last year, they uncovered that the department’s prior safety policy was “little more than aspirational,” highlighting the critical need for more robust procedures. Lieschke slammed the department’s response as total failure to address its lawless behaviour in handling playground safety enforcement.
Future Directions for Playground Safety
South Australia’s Education Department is already looking beyond this event. It is now confronted with the task of restoring faith with the community and putting safety efforts first. Installation of the new playground, valued at nearly $290,000, represents a step toward ensuring that all students have safe, inviting places to recreate.
With independent contractors now conducting inspections, there’s hope that no one else will have to suffer a similar fate going forward. The spokesperson offered to the representatives their commitment to safety. They promised that, “Like all of you, we remain committed to continually reviewing and strengthening our safety processes… to help ensure that nothing like this ever happens again.”
