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Report Accidents and Injuries

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St Peters Gym accident 25-Sep-2016 At 12:53:19 PM Happywanderer

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Not necessary to know the names of the parties to the accident...and it would not necessarily be appropriate to have the person who fell provide evidence/information either.

Again - I would point out that the fact that there is an 'Accidents & Injuries' section in this Chockstone internet site is self-evident that it is intended as a means to disseminate information and perhaps to learn from that information. Although - there doesn't appear to be a clear cut set of rules to guide posters when they reveal information about accidents. Presumably, this website is intended to be more that just a 'get well soon' paradigm...? I could be entirely wrong here. Maybe it is implied in the title of the forum that it is (ultimately) intended as a means of learning and improving safety in the outdoor rec industry?

In the immediate subject matter of this particular accident - the primary source of information would be the belay person. However, [historically] - there tends to be a reluctance to volunteer information; particularly if that information could be construed as self-incriminating. That is, the belay person might be disinclined to volunteer information, if that information might cast that person in unfavorable circumstances..

A very tricky situation... indeed, almost a 'catch 22' for the belay person.

And witnesses may be unreliable...because they would have been focused on their own climbing activities and not staring at their neighboring climbers in the gym. The first they would have been aware of the incident is when a scream or a shout would have alerted them. At best, witnesses may have caught a fleeting glimpse of a falling person moments before impact.

The same could be said of gym staff - they can't be everywhere - and may also only have observed a split second of a falling person.

Because the accident occurred in NSW - the regulatory body responsible for that jurisdiction is:
SafeWork NSW
Link: http://www.safework.nsw.gov.au/health-and-safety/Report-an-incident-or-injury/notifying-us

If the the accident was deemed to be notifiable, the gym proprietor would have done so in accordance with State legislation. Note that any admission to hospital as an 'in-patient' is deemed notifiable.

If it was 'notifiable' and therefore was reported to SafeWork NSW, an investigation into the matter will occur. In such a case, there is no doubt that the belay person will be interviewed.

Whether the belay person chooses to volunteer information herein on this open public forum is a matter for him to decide.

It is very difficult to foresee any culpability from the owner of the gym (Crestville Holdings Pty Ltd) - because evidence would have to lead to a breech of the NSW WHS Act.
Note that the company name is openly and freely available on the public 'ABN lookup' website.
The Civil Liability Act NSW (2002) presumably would regard climbing as a 'dangerous activity'. Whether the courts agree that the risks are 'obvious' is another matter - that is, that lead climbers accept and acknowledge that falling is an 'obvious risk'.

A recent poster quoted some stats for the number of instances of lead climbing - although it is important to note that they were for 'outdoor' climbing. Presumably, the knowledge and skill of indoor climbers is quite variable (and I might add, unpredictable) - much more so than in comparison to 'outdoor' climbers.

The point here is that the actions of the belay person would most likely be captured under the NSW Civil Liability Act - and may not point to any culpability of Crestville Holdings Pty Ltd merely on account of that persons actions (or inactions). Furthermore, the accident was with (presumably) certified patrons of the gym who had passed the induction/certification program which allowed them to climb at the facility. They weren't trainees undergoing instruction. The gym would have maintained records of their induction/certification as proof.

So the way ought to be clear for the belay person to volunteer information - because it shouldn't expose any parties to legal risk - unless of course the injured party wishes to litigate. Having said that, in Australia, friends (ie mates) rarely sue each other...although it has happened before.