The workplace safety watchdog has ruled that rollercoaster victim Shylah Rodden was probably responsible for her own fate.
Daily Mail Australia can reveal WorkSafe Victoria has dropped plans to pursue charges against the Royal Melbourne Show or the company operating the rollercoaster that hit her.
“After careful consideration of the evidence, WorkSafe has decided not to take further action against anyone responsible for this matter at this time,” a Worksafe spokesperson said on Monday evening.
The revelations will be a blow to Rodden’s long-suffering family, who have been forced to care for her full-time since she left hospital.
Any adverse findings against the show’s operators and organizers could have paved the way for Ms. Rodden to bring civil action against them.
The decision is understood to have been left to lawyers assessing whether the charges could be successfully prosecuted in court.
Decisions on whether or not to pursue criminal proceedings are made and authorised by WorkSafe’s Executive Director of Health and Safety, under delegated powers, and with information obtained through legal advice.
Sources told the Daily Mail that Australian Worksafe officers have conducted a thorough investigation into the shocking incident involving the Rebel Coaster ride in September 2022.
Shylah Rodden was seriously injured in the tragic accident in September 2022.
Horrific footage shows Shylah Rodden (pictured in black) moments before she was hit by the Rebel rollercoaster at the Melbourne Royal show
Much of that research focused on establishing if any obligation arising from the Occupational Health and Safety Act had been breached.
“Enforcement decisions must take into account WorkSafe’s General Prosecution Guidelines, which require consideration of the evidence available, the particular elements that must be proven for a prosecution to be successful and the burden of proof that applies in criminal proceedings,” said a source close to the investigation.
It is understood that WorkSafe’s investigation did not find sufficient evidence to prove beyond reasonable doubt any breach of the OHS Act.
Ms Rodden faces years of rehabilitation after suffering a massive brain injury when she was thrown nine metres into the air by the fast-moving ride.
She was run over while trying to retrieve a mobile phone that she dropped on the tracks.
Under Victorian law, WorkSafe has two years to bring charges against companies and individuals it believes have breached the state’s tough employment laws.
Shylah Rodden (pictured) suffered “life-changing” injuries after being hit by the rollercoaster.
Although the results of the toxicology report at the time of the accident were never made public, police sources suggested that Ms Rodden may have been under the influence of some form of medication.
Another informed source said whatever prompted Ms Rodden to jump onto the tracks was not a concern of the safety watchdog, which was focused solely on whether precautions had been taken and were being followed.
It is understood the WorkSafe investigation focused on what the ride’s operators were doing when she entered the tracks.
“Their toxicity levels are not relevant to the investigation into whether the person responsible for the work was doing everything reasonably possible to provide a safe and healthy workplace,” the source said.
A WorkSafe inspection concluded it was “safe” to reopen the Rebel Coaster just days after the accident.
A spokeswoman for the show, who asked not to be identified, defended its safety procedures at the time of the incident.
“The safety and well-being of our show guests remains our number one priority,” it said in a statement at the time.
‘Strict safety protocols are in place in accordance with Victoria’s WorkSafe regulations. All attractions on site have undergone strict compliance inspections and have passed all required safety documentation.’
Shylah Rodden faces a long battle to recover after being hit by a roller coaster in September 2022
A Melbourne Royal Show spokeswoman said: “The safety and wellbeing of our show visitors remains our number one priority” (pictured: Royal Melbourne Show)
Ms Rodden’s discharge from hospital in January last year and move to her family home in Craigieburn was seen as a significant step in her long road to recovery.
However, a spokesman for his legal team said in January of that year that Rodden would never fully recover.
“While this indicates that his condition has stabilised, the injuries he has sustained remain life-changing,” it said at the time.
Her father, Alan Rodden, told the Daily Mail Australia shortly after the incident that his daughter had suffered life-changing injuries.
“I can’t talk to my daughter. She’s going to be in a coma for quite a while,” he said.
‘The injuries are horrible. Horrible. He has brain damage. His pelvis, his arms, his legs, his back, his neck – there’s hardly anything that isn’t broken. I can’t understand how on earth he’s done so much damage.’
“Even doctors say they haven’t seen anything this serious for a long time.”
On the day she was hit by the rollercoaster, Ms Rodden was working at a friend’s stall at the Melbourne Royal Show.
The couple was on vacation when they decided to take some walks to kill time.
She is known to have dropped her phone while on the rollercoaster and police believe she walked onto the tracks of the high-speed ride to retrieve the device.
Shocking footage of the incident was shared on TikTok just days after it happened.
