Fatal Flaws, Zero Charges

A Comcare investigation alleged that the Department of Defence committed serious workplace health and safety breaches. Defence knew the “TopOwl” helmet displays could show incorrect altitudes yet overrode internal systems anyway, sending pilots into low-altitude, night-time conditions.

Why did the Commonwealth prosecutor decline to press charges? Surely they should release their legal reasoning to give the victims’ families closure.

Senator Farrell acknowledged the tragedy and confirmed that Comcare handed its investigation findings over to the Commonwealth Director of Public Prosecutions. However, he declined to provide further details or release the prosecutor’s legal reasoning, stating that independent investigations by the Inspector-General of the Australian Defence Force and the Queensland Coroner are still active. The government maintains it is inappropriate to comment on or interfere with these ongoing processes.

September 2025 | Question Time

Transcript

Senator ROBERTS: My question is to the Minister representing the Attorney-General, Senator Farrell. We remember Captain Daniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class Two Joseph Phillip Laycock and Corporal Alexander Naggs. Minister, the Comcare investigation into the fatal Taipan Defence helicopter crash in the Whitsundays, released in response to my order for the production of documents, revealed the national health and safety investigator alleged serious breaches of workplace health and safety laws by the Department of Defence. There has been no explanation for why the Commonwealth prosecutor did not lay charges, despite these clear findings. Minister, given this new information, will the government release the Commonwealth prosecutor’s reasons for not pressing charges, despite the allegations from Comcare to give the families of the crash victims closure and ensure that these allegations are properly tested in court? 

Senator Farrell: I thank the senator for his question. This issue obviously is an issue concerning the Attorney-General, but, as you have said, Senator, we do recognise and pay tribute to the fallen MRH-90 aircrew who were lost in Lindeman Island on 28 July 2023. As to the specifics of your question, Comcare is the independent federal work health and safety regulator responsible for monitoring and enforcing compliance with the Commonwealth Work Health and Safety Act. In July 2023, Comcare began an investigation of potential work health and safety offences relating to the fatal crash which you referred to in your question. The investigation focused on the Department of Defence’s duty owed to workers under the Commonwealth Work Health and Safety Act. Comcare conducted a thorough investigation and have provided their findings to the Commonwealth Director of Public Prosecutions. There are ongoing independent investigations on this matter by the Inspector-General of the Australian Defence Force and the Queensland coroner, who is also supported by the Queensland police. As these investigations are ongoing, it would be inappropriate to comment on them at this stage. 

The PRESIDENT: Senator Roberts, first supplementary? 

Senator ROBERTS: Minister, the clarity of these Comcare documents provides a real justification to waive the immunity on legal advice and understand why this case was not progressed on behalf of the victims’ families. Do you accept there are genuine grounds to understand why? Will the government release the reasons why the prosecutor chose not to follow the advice Comcare provided? 

Senator Farrell: I thank Senator Roberts for his second supplementary question. I don’t believe the Attorney-General does believe that in these circumstances. There are certain relatively fundamental principles that apply in all these cases where further investigations are being undertaken. We feel great compassion for the families of the people who were lost in this terrible accident. There are investigations underway. I think the Senate ought to leave those investigations to the appropriate authorities to make a final determination of the issue. I think that’s the appropriate course of action in these circumstances.