Former CFA chiefs avoid charges over Fiskville Training College due to sluggish Worksafe response

FORMER CFA chiefs have dodged prosecution on serious safety breaches at the shutdown Fiskville Training College because Worksafe took too long to investigate it.

Former Chief Officer in charge of training at Fiskville in the 1970's Brian Potter.

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FORMER CFA chiefs have dodged prosecution on serious safety breaches at the shutdown Fiskville Training College because Worksafe took too long to investigate it.

The Director of Public Prosecutions identified three alleged breaches with “reasonable prospects of conviction” — one of them it considered to be “indictable”.

But it could not proceed with a charge because the time frame had expired and it would cost too much to pursue.

The firefighters’ union complained to Worksafe about contaminated dam water used in fire training drills in 2012 after a Herald Sun revelation of serious historic contamination at the site and a cluster of cancer deaths.

Former CFA chief officer Brian Potter, who has since died from multiple cancers, said he believed these were linked to his time at Fiskville and as a firefighter.

Firefighters with cancer and their families are still awaiting promised presumptive laws and compensation.

Former CFA chief officer Brian Potter at the Fiskville CFA Centre entrence.

The Fiskville scandal was the subject of a parliamentary inquiry last year, which found, among other things, Worksafe had acted illegally by taking two years to investigate the United Firefighters’ Union claim.

Union officials told the Herald Sun Worksafe — which by law should complete investigations within three months — assured it the time taken would not be an obstacle to justice over Fiskville. The watchdog decided in December 2014 it would not prosecute the CFA.

Worksafe’s 60 volumes of information on Fiskville were handed to the DPP for consideration.

The DPP wrote to Worksafe in December saying there had been three breaches.

DPP John Champion, SC, said in a letter to Worksafe that despite “the nature of the conduct alleged and its impact on victims, it is my opinion that it is not in the public interests to prosecute failings relating to the CFA’s management … where the organisation has materially changed in the meantime.”

The CFA and some senior managers, including then chief executive Mick Bourke, have since left the organisation.

Some have taken up senior emergency services roles elsewhere.

Firefighters in training at the Fiskville.

Mr Champion said the expense of pursuing the CFA would not match the fines imposed if the organisation was found guilty.

The union’s lawyer has written to Worksafe saying the union was “at a loss to understand the DPP’s position given it notified Worksafe 4.5 years ago”.

UFU spokesman Mick Tisbury said Worksafe’s sloppy and “illegal” handling of the Fiskville investigation meant that there was no accountability for those at the CFA who had allegedly broken the law.

“It sends a message to all those other employers out there who aren’t doing the right thing that they can drag out an investigation and they will get away with it scot-free,” Mr Tisbury said.

“This is what happens when the prosecutor is also the insurer.”

The Sunday Herald Sun posed several questions to Worksafe, including what changes it proposed to ensure large matters didn’t go unprosecuted and if it would make a special request to the DPP for the prosecution to proceed.

“We accept the DPP’s advice and no further action will be taken,” Worksafe spokesman Peter Flaherty said in response to the ­questions.

@ruthlamperd