Sea World helicopter crash a legal minefield for those involved

The Sea World helicopters crash could result in criminal charges and lead to changes in the way scenic joy flights are managed ­nationwide, lawyers say.

ATSB investigators examine the wreckage of one of the helicopters involved in a mid-air crash at Sea World on January 2. Picture: NewsWire / David Clark

The Sea World Helicopters crash could result in criminal charges against the company involved, and lead to changes in the way scenic joy flights are managed ­nationwide, aviation lawyers say.

Four people were killed in the horrific mid-air crash last Monday, including Sea World Helicopters chief pilot Ashley Jenkinson. British newlyweds Ron and Diane Hughes and Sydney mother Vanessa Tadros also died. Ms Tadros’s son Nicholas ­remains on life support in a critical condition at the Queensland Children’s Hospital.

The Australian Transport Safety Bureau is investigating the collision, which occurred as one Eurocopter took off from the Sea World helipad and another was descending to land. They were in “G” class airspace, which requires pilots to “see and be seen” and ­remain in regular radio contact.

Video taken by a passenger showed the incoming pilot apparently unaware of the proximity of the ascending helicopter ­moments before the crash.

Heavy demand for the five-minute joy flights in peak tourist season meant Sea World Helicopters was conducting as many as seven flights an hour.

AvLaw managing director and chairman Ron Bartsch said he expected flight and duty times would be examined closely by both the ATSB and Civil Aviation Safety Authority.

“Another aspect of the investigations will no doubt involve looking into the density and mix of traffic and a possible review of the classification of airspace to ­ensure it is appropriate,” Professor Bartsch said. “I expect they will examine the chief pilot responsibilities and workload as well.”

Any recommendations made by the ATSB would have industry-wide implications.

Aviation lawyers suggested a finding of “reckless navigation” under the Civil Aviation Act could result in criminal charges against Sea World Helicopters. Investigators could also find the company failed to follow its own safety management system in breach of regulations.

University of South Australia adjunct professor of law Rick Sarre said state workplace health and safety inspectors had the power to bring charges of criminal negligence, similar to what ­occurred at Dreamworld in 2016 after four people were killed on a ride. In that case, theme park owner Ardent Leisure was fined $3.6m after a coroner found “unjustifiable failings” in safety management at Dreamworld.

“If that occurs in the case of Sea World Helicopters, it will be the company rather than the (surviving) pilot who would be held ­liable,” Professor Sarre said.

Australian Helicopter Industry Association president Ray Cronin said the operators of ­scenic joy flights were already held to the same standards as airlines, and he did not expect any significant changes to regulation as a result of the Sea World crash.

Originally published as Sea World helicopter crash a legal minefield for those involved