A Victorian caravan park has been fined $475,000 after camper was killed by a falling tree branch back in in 2021.
Yarra Valley Park Lane Holiday Park Pty Ltd, which operated the BIG4 Yarra Valley Holiday Park in Healesville, was sentenced in the Melbourne County Court after earlier being found guilty by a jury of a single charge of failing to ensure the workplace was safe and without risks to health.
The court also issued an adverse publicity order requiring the company to publicise the offence, its consequences and the penalty imposed in an industry publication.
In March 2021, the camper was inside his tent on a designated site at the caravan park in Healesville when a large tree branch fell onto his tent during the night, causing fatal head injuries.
Campers need to be aware of the potential dangers of camping under trees. PIC: Cizza
WorkSafe investigators found park operators had not engaged an arborist for a general assessment of trees in the park since 2015 and did not have in place a documented system for inspecting trees or a policy on how frequently they should be inspected.
The court heard an inspection of 277 trees at the park conducted after the fatal incident identified 137 trees requiring risk mitigation works, including 85 requiring works within a year.
A jury found it was reasonably practicable for the caravan park to reduce the risk of falling branches by engaging an arborist to complete annual tree assessments of trees at the site and following the arborist’s recommendations.
WorkSafe Executive Director Health and Safety Sam Jenkin said regular tree inspections by qualified arborists were critical to managing the risk that someone could be seriously injured or killed by a falling tree or branch.
“Duty holders must do all they can to manage the risk of falling trees and branches, particularly in workplaces where people spend large amounts of time, such as camp sites,” Mr Jenkin said. “This terrible incident, in which a man has lost his life during what should have been an enjoyable outdoor experience, demonstrates the heartbreaking cost of not proactively prioritising safety.”
To reduce the risk of falling trees or branches, duty holders should:
# Are you constantly aware of the potential dangers of falling trees or tree branches, and choose your place to camp accordingly? Comment below.
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Of course. I always make sure not to camp under large gums especially ones with expansive limbs.
If I’m sitting in the shade of a gum I will not sit under a large limb.
The great outdoors is just that, great, but it is not without risk.
Always look up!
Agree fully! We should choose our ‘shade/shelter’ trees wisely.
I think the bigger issue here is that this was a holiday/caravan park… essentially a private property that is running a business. It is likely choice of site was not an option when booking, and unlikely there was adequate info/photos to allow people to strategically select their site prior to booking. 6 years is a long time between arborist inspections. The property owner failed to take reasonable steps to maintain the property to reduce risk to visitors and employees.
My Thoughts as well great reply.
It is going to get a heap sunnier in caravan parks now. And then there are national parks
Whatever happened to “shit happens”
Agreed, but what about when you turn up at a caravan park and they tell you “that’s your site”. You have no choice, that’s it. You don’t get to choose it. Then the responsibility (I think) lies with the caravan park operator.
It is not a matter of think, it is more important to know.
spot on.with reply,All about the money?
Have been to several camp sites where there are signs “Don’t park under trees”. Sometimes the park manager will point out the hazardous sites, and that “there could be a strong wind tonight – choose your location carefully”. I think the majority of park managers do the right thing, without having to go to a full-scale tree assessment which costs $$$. The ultimate responsibility lies with the camper.
WRONG! As a retired park manager, it is not just a responsibility to ensure that trees are inspected ANNUALLY. It is the LAW. I think a fine of this magnitude will serve as fair warning to park operators. Yes, these inspections are expensive, but nowhere near the $475,000 fine which will now be a precedent in future disasters
Keep in mind the somewhat old fashioned but poignant reminder that Australian Eucalypts have held the alternate descriptor of “WIDOW MAKERS” for a very long time !!!
How is a camp site a workplace when someone pays for the space and is on holiday?.. honestly why would anyone run a business in Victoria. The precedent here could destroy all accommodation industry. It’s a public liability insurance issue.
Of course local councils and state government get off scot free for everything where private sector is hounded.
Get rid of this government and for all of our sake reduce these departments and reform this ridiculous legislation.
Totally agree. The cost will close down many parks and other business. Arborist are not cheap. So do all private land owners with a large tree or trees now have to have inspections carried out every year so that they are covered by their public liability.
If someone chooses to sleep, stand, sit, walk by, or do any kind of work under a large tree, they are taking a risk, that something could fall on them. Even a twig falling from a hight can cause an injury. If they fail to recognise possibilities of danger, then this is a failure of our schooling system and lack of common sense.
You can’t make a work place or public place, entertainment area, as safe as a baby’s cot.
Tree branches have been falling since the first tree grew. Now insurance companies will use this excuse not to pay out public liability claims and business owners will have to pay up or sell up, or go bankrupt. What a sad situation.
Agree with 98% of what you say but it is a workplace for all of the CP employees & contractors (eg: cleaners). But yes, Vic is a business basket case.
Absolutely agree , who’d run any business now days ??
If I’m booking into a park I always ask for a site that is not under trees. No matter how hot it may be I NEVER camp under trees, especially gum trees. I’m a very light sleeper & apart from falling limbs there are various other things that drop from trees which makes sleeping difficult. It never ceases to amaze me how many people park under gum trees even when it’s blowing a gale. The dangers of doing so are frequently publicised but people still do it. I guess some people think “What will be, will be” or when your time’s up, it’s up.
We were on a rented property when an enormous gum tree in the back yard uprooted and fell onto the back of the house years ago, myself and my baby asleep in the room underneath. SES said the only thing that saved us was the age of the house and the fact that the beams in roof used hardwood timber, rather than the treated pine used today. We go camping now and ever since then my biggest fear is arriving to a site with massive gum branches hanging over it. Yes “shit happens”, but engagement of an arborist, particularly for camp grounds where you don’t necessarily have the option of picking your site should be part of general property maintenance. Anything less is negligence.
I agree, and if your going to have a business in the outdoors, then you have to pay to make it as safe as possible. I own a small business and need to pay bulk for insurance and are always checking my gear, so the work place is safe.
A caravan park near me in Victoria was fined for cutting down gum trees that were leaning dangerously and the kicker was they were planted when the park first opened .
Are governments around Australia going to be charged for all the deaths from falling trees and branches that happen unfortunately to often that kill and maim people on our roads and paths
We once used a drive through, and our caravan got stuck under a over hanging branch causing damage to the roof.
The park owners said that we enter the park at our own responsibility.
What a shame our local council does not come under the same rule, how can there be two different laws for the same thing.
There should be more attention paid to large trees anywhere that people live or holiday, or for that matter where people frequent regularly. If councils listened to people who have been around for decades they’d realise large trees ( particularly gums) are dangerous. So let people maybe cut them down to a reasonable height if they are in a populated area. Give them Australian native shrubs to plant in the place of completely removed trees. Get their heads out of their bums and realise most new arborists are text book jockeys, I’ve seen it firsthand.
Two things here firstly, So Sad that he lost his life.
Secondly government ban removing tree’s, they could inspect, curious how much an inspection would cost, especially when they realise they are responsible for the tree not dropping limbs especially after an inspection. 237 trees to inspect, each year and then after storms, strong winds and heavy rain. All while keeping camp grounds cost effective..
What a load of nonsense..
It wasn’t intentional set up, no one half sawed through the limb leaving it dangerous.
Sadly things just happen.
Councils make it very hard to remove or trim trees even on your own land due to wanting to save trees for animals such as Koalas. We have a tree in our street in the Clarence Valley which I have reported as Dangerous to the council, leaning across the main road and going to fall into the cemetery and smash headstones, people are always cleaning up fallen branches off the road but the council won’t take it down. It is just ludicrous and nothing will happen until it kills someone.legislation needs to change as animals are seeming to be more important than people.
Nearly EVERY time I’ve booked into a caravan park from Qld to Tasmania, you ring first , the park allocates your spot , that’s it , it could be anywhere in the park according to you van size .
I wonder how this will affect caravan parks now , Crickeys , shit happens !!.
For businesses, it’s always a fine line between negligence & duty of care to the public & staff. That said, we were once placed on a designated site under what looked like a “widow maker” tree. Upon asking, the park owners were happy to move us. BUT I shouldn’t have had to ask.
I consider that the fine is extremely unfair , Whatever happened to the ” act of god ” proviso ? If a person was hurt or worse on public land or indeed a national park , would the government be similarly fined ??
The idiot judge needs to think about what he has just done. What happens next is trees will be cut down in van parks . Prices for sites will now increase ,all because someone didn’t follow basic rule in life .you never pitch a tent under a tree.
The way around all the rhetoric for camping grounds would be to use a sign stating “camping at your own risk”
I leave the shady trees for the other people.. Generally I work out where the shade is going to be in the afternoon and park the van in that area… The solar panels catch a good ammount of sunlight and not so much in the way of bird droppings on the panels and roof.. But the main reason is so the ants don’t drop from the tree branches and swarm over the caravan… It only takes a small breeze to dislodge them from the tree branches but it takes a while to evict them from the cupboards..