Amusement devices - A guide for local government

Amusement device is defined in in the WHS General Regulations [r. 5] as follows:

• Amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment; but does not include any of the following –

1. a miniature train and railway system owned and operated by a model railway society, club or association
2. a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth
3. a boat or flotation device that is solely propelled by a person who is in or on the boat or device; and that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move
4. any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity
5. a device operated (with or without an operator) by a coin or token that is located in a shopping centre or similar public location and that is intended to be ridden, at any 1 time, by not more than 4 children below 10 years of age.

• Local government authority (LGA), also known as local councils, shires and municipalities, is one of Australia's three levels of government (federal, state, local). Local government administers the local laws, or by-laws, for a geographical district that affect the day-to-day lives of its resident and non-resident population.

There are specific regulations relating to amusement devices in the WHS General Regulations. These are:

r. 238. Operation of amusement devices and passenger ropeways

r. 239. Storage of amusement devices and passenger ropeways

r. 240. Maintenance, inspection and testing of amusement devices and passenger ropeways

r. 241. Annual inspection of amusement devices and passenger ropeways

r. 242. Log book and manuals for amusement devices

Australian Standard AS 3533.1:2009 Amusement rides and devices – Design and construction is referenced in Schedule 5 of the WHS General Regulations as a mandatory standard for determining the classification of amusement devices.

Guidance on amusement devices can be found in Australian Standard AS 3533 (set). These standards provide information on reasonably practicable safety controls for the design, construction, operation, maintenance and inspection of amusement rides and devices.

Both State and local governments work together in relation to communication, consultation and good governance under the Western Australian State Local Government Agreement. 

The duty holder may differ depending on the persons organising the event.

1. Where the LGA runs an event and procures amusement device/s, the LGA is a duty holder under the WHS legislation.
2. Where the LGA sends staff to monitor public safety issues at an event not run by the LGA, the LGA is not the duty holder under the WHS legislation. The event organiser and the amusement device operators are duty holders under the WHS legislation.

Where the LGA is running an event, the LGA should have a system in place to procure safe and compliant amusement devices to ensure compliance with WHS legislation. Such a system should include the following documents:

• copy of public liability insurance
• annual certificate of inspection of the amusement device by a competent person
• copy of WorkSafe plant registration
• for Class 1 amusement devices, an assessment or certification letter from a competent person that shows the assessment methodology.

Where the LGA is not running an event, but is providing public safety regulatory services or ensuring that permit conditions have been met, there is the option of checking the documentation, but there is no duty to do so imposed by the WHS Act.

The WHS General Regulations apply to workplaces. A workplace is a place where where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work.

For example, if an event organiser pays a ride operator to attend an event and operate a ride, the operator is working and the WHS laws apply.

A person conducting a business or undertaking (PCBU), person with management or control of a workplace, workers, self-employed persons, officers and other persons at the workplace have duties under WHS laws.

For example, an owner-operator of an amusement ride may be a self-employed person, which is a PCBU. A person employed by a business to operate a ride may be a worker. An event organiser, who controls the layout of the event and access to and egress from the event, may be a person with management or control of a workplace.

See the following interpretive guidelines for further information:

• The meaning of ‘person conducting a business or undertaking’ (PCBU)
• The health and safety duty of an officer

• mechanically operated rides (fixed location or mobile)
• inflatable devices (e.g. bouncy castles)
• climbing walls
• go-karts
• Water slides (fixed location or mobile)
• flying foxes (ziplines)

Note: Public playground equipment does not fall under the definition of an amusement device.

Regulation 243 of the WHS General Regulations requires that the manufacturer, importer or supplier (who are the duty holders) register the design of plant types listed in Schedule 5 Division 1. This includes amusement devices within the scope of AS 3533 other than:

• class 1 devices
• playground devices
• water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure
• wave generators where patrons do not come into contact with the parts of machinery used for generating water waves
• inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more. 

Regulation 246 of the WHS General Regulations requires items of plant listed in Schedule 5 Division 2 to be registered with WorkSafe. This includes amusement devices within the scope of AS 3533 other than:

• class 1 devices
• playground devices
• water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure
• wave generators where patrons do not come into contact with the parts of machinery used for generating water waves
• inflatable devices, other than inflatable devices (continuously blown) with a platform height of 3 metres or more.

Australian Standard AS 3533.1 details the calculation method to classify amusement devices or rides, using data such as height, velocity and acceleration. This is a technical calculation and the duty holder should have the amusement device assessed by a competent person to accurately determine its class. The classification assessment details should be recorded; for example, in the form of a letter from the competent person.

Regulation 252 of the WHS General Regulations defines a competent person, in relation to design verification, as a person who has acquired through training, qualification or experience the knowledge and skills to inspect the plant and is eligible for professional engineer membership of Engineers Australia, or is determined by the regulator to be a competent person.

Additionally,appendices within AS 3533.1, AS 3533.2 and AS 3533.3 provide recommended training, qualifications and experience for competent persons specific to a range of tasks relating to amusement devices. Depending on the level of inspection, qualifications and training required may range from internal ride-specific training to formal engineering qualifications.

Regulation 240 of the WHS General Regulations requires a person with management of control of amusement devices and passenger ropeways of all classes at a workplace to ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out by a competent person and in accordance with:

the recommendations of the designer or manufacturer or if a maintenance manual for the device or ropeway has been prepared by a competent person, the requirements of the maintenance manual.

A person is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.

Regulation 241 of the WHS General Regulations requires amusement devices and passenger ropeways of all classes to be inspected by a competent person. In this regulation, a competent person is a person who:

1. in the case of an inflatable device (continuously blown) with a platform height less than 9 metres – has acquired through training, qualification or experience the knowledge and skills to inspect the device
2. in the case of any other amusement device or a passenger ropeway:
   1. has acquired through training, qualification or experience the knowledge and skills to inspect the plant; and
   2. is eligible for professional engineer membership of Engineers Australia; or
3. is determined by the regulator to be a competent person. 

You can search online for a person with the relevant competencies, or alternatively contact an industry association such as the WA Showman’s Association or Engineers Australia.

Where the LGA is running an event, the LGA becomes a PCBU of a workplace and therefore has duties under the WHS legislation. Prior to procurement, the following should be submitted to LGA as a minimum:

• copy of public liability insurance
• annual inspection certificate
• copy of WorkSafe plant registration (or Class 1 certification or letter from a competent person).

Where the LGA is not running the event, it is not a duty holder under the WHS Act.

The LGA may choose to promote high standards of safety by checking the information listed above and/or referring amusement device operators to published WorkSafe guidance material, but this is at the discretion of the LGA and is not a requirement under the WHS Act.

If the event is a workplace managed by the LGA, operating a device other than a Class 1 device that has not been registered is a breach of regulation 246 of the WHS General Regulations. Both the PCBU operating the device and the LGA are duty holders under regulation 246 and both will be in breach if the device is used. This could result in enforcement action from WorkSafe, such as an improvement notice or prohibition notice.

Additionally there is the possibility that the design or the particular item of plant may not meet the requirements of the WHS legislation and may present a higher level of risk to people using the device.

Unregistered amusement devices (other than Class 1) should not be used. A competent person should be engaged by the operator to determine the class and the registration requirements and to commence the registration process where required. For this reason, registration should be checked before amusement devices are procured.

If the LGA is not the event organiser and identifies an amusement device that may be unregistered, or which is observed to present a hazard, the concerns should be raised with the owner or manager. If the issues cannot be resolved, the local government officer can request WorkSafe attendance. 

Examples of the documentation to be kept with the device include copy of public liability insurance certificate, copy of workers compensation insurance certificate, procedures to erect and dismantle the device, operating instructions, Inspection and maintenance records (log book), records of any repairs and alterations, daily pre-operational inspection check lists, operator training records, risk assessments, records of evidence of registration and copy of any improvement or prohibition notices issued by a regulatory authority.

Queries in relation to WHS laws should be directed to WorkSafe on 1300 307 877 or email safety@demirs.wa.gov.au.