Echuca Moama Taxi Group Pty Ltd was convicted and sentenced in the Melbourne County Court to a fine of $133,128 for failing to ensure that persons other than their employees were not exposed to health and safety risks.
Despite the company providing wheelchair tie-down and occupant restraint systems (WTORS) in their wheelchair accessible vehicles (WAV), two passengers died after their wheelchairs tipped over while travelling in Echuca Moama Taxi Group taxis in separate incidents in February and June of 2021. There was a risk of serious injury or death to passengers in wheelchairs if the taxi drivers did not properly secure them with the restraint system.
The Court heard that it was reasonably practicable for Echuca Moama Taxi Group to reduce that risk to passengers by ensuring that their drivers were provided with ongoing refresher training and competency assessments for drivers on safely securing wheelchair passengers.
In the February 2021 incident, an Echuca Moama Taxi Group driver transporting a wheelchair bound passenger did not think the passenger’s wheelchair was suitable for use in a WAV as it lacked designated brackets for securing the WTORS.
The driver assisted the passenger into the WAV and attached the rear tie-down straps to the wheelchair. He then attached the lap belt the wrong way around and did not attach the upper-torso sash belt. The driver then attached the front tie-down straps to the frame of the wheelchair. While on route, the driver came to a stop before turning onto a main road and accelerated to the speed limit of 70km/h. As a result of the acceleration, the passenger's wheelchair tipped over backwards, resulting in the passenger’s death.
The driver had driven WAVs for Echuca Moama Taxi Group since May 2014 and had completed initial training and competency certification in April 2014, which included how to secure passengers using the vehicle’s WTORS. He did not undergo any further training or competency assessments after receiving his certification.
Following the incident, Echuca Moama Taxi Group undertook an internal investigation which identified the need for refresher training for all WAV drivers (in relation to securing passengers, suitability of wheelchairs, and instructions to other passengers), and the need to review onboard and refresher training records. The drivers underwent the necessary refresher training in February 2021.
The second incident occurred in June 2021 and also involved a wheelchair tipping backwards during transportation in one of the company’s WAVs. Echuca Moama Taxi Group had failed to maintain a safe system of work for securing wheelchair passengers using the WTORS that included implementing an ongoing refresher training schedule so drivers periodically received refresher training on the safe restraint of wheelchair passengers and implementing an ongoing schedule for formal competency assessment so that the offender could verify the competency of its drivers.
Both incidents illustrated matters including the existence of the risk to wheelchair passengers if they are not properly secured, the likelihood of the risk eventuating, and the gravity of the consequences should the risk eventuate.
WorkSafe Chief Health and Safety Officer Sam Jenkin said the two incidents highlighted the level of risk to passengers if wheelchair restraints weren't properly secured and the gravity of the potential consequences. "These incidents highlight the reality that it's not enough for duty holders to have the right safety equipment installed, they must also do everything they can to ensure workers are trained and competent in how to use the system correctly."
Clear instruction on employer duties around the transportation of people using wheelchairs are available in Safe Transport Victoria’s Guide To Transporting Passengers Safely In A WAV.
In February 2025 the Sentencing Advisory Council released a report to the Victorian Government making 12 recommendations for reform regarding the sentencing of OHS offences in Victoria. This included significantly increasing maximum penalties for breaching OHS duties in line with community expectations. The Victorian Government is yet to provide a response to this report.
Read more: Taxi company fined for risk to wheelchair users | WorkSafe Victoria