Chris ‘Willow’ Wilson, Germenino De Deus among seven NT fatal workplace fatalities in 2021-22

Advisory body considers review into industrial manslaughter rules after only one charge three years after landmark changes.

WorkSafe is still investigating the death of Outback Wrangler Chris ‘Willow’ Wilson alongside four ongoing fatal workplace investigations across the Territory.

The safety watchdog investigated seven industrial fatalities over the past financial year, including the helicopter crash, a lightning strike, a drowning and roadside tragedies.

The latest annual report found there have been a total of 27 lives lost in Territory workplaces since 2018-19.

Only one of these deaths is currently the subject of an industrial manslaughter charge.

Since the legislation came into effect in February 2020 only one company has been charged with industrial manslaughter, Kalidonis NT Pty Ltd.

Kalidonis, one of the biggest construction companies in the Territory, was charged with industrial manslaughter in relation to the death of a 50-year-old worker in Maningrida on March 20, 2020.

Theofilos Kalidonis and his company Kalidonis NT Pty Ltd have been charged over the death of a 50-year-old worker at Maningrida on March 20, 2020.

The company and its sole director, Theofilos Kalidonis, both faced additional charges of reckless conduct risking death and failure to comply with their health and safety duty.

Both the company and its director are expected to appear in Darwin Local Court for a three-day hearing starting from March 13, 2023.

Following one industrial manslaughter charge over three years, the Work Health and Safety Advisory Council has signalled it may be time for a review into the legislation.

The independent advisory body to the Attorney-General wrote in its latest annual report it would consider in 2022-23 if a review should be held into the major industrial legislation.

Attorney-General Chansey Paech’s office said if a review was presented, he would consider its recommendations.

Attorney-General Chansey Paech. Picture: (A)manda Parkinson

However, an NT WorkSafe spokesman said they did not have any concerns around the current industrial manslaughter legislation.

“The success of the industrial manslaughter offence should not be gauged by the number of charges laid,” a spokesman said.

“Not all workplace fatalities would qualify as an industrial manslaughter offence.”

The WorkSafe spokesman said the advisory council was largely made up of employers and unions appointed by the Attorney-General, who were not given comprehensive details about ongoing investigations.

He said it would be “inappropriate” for an organisation to be told of upcoming charges before the accused was given the court summons.

“While the council is provided with a general update of NT WorkSafe’s prosecutions, the council is not provided with running updates or details on current investigations nor deliberations on any charges being considered,” he said.

“As a consequence, this lack of detailed information may have caused some council members to form the opinion that a review is required into the industrial manslaughter offence.”

The spokesman said of the seven workplace fatalities, four were the subject of ongoing investigations.

Chris ‘Willow’ Wilson. The 34-year-old father-of-two was tragically killed in a helicopter crash in a remote part of West Arnhem Land last Monday while collecting crocodile eggs. Pictures - Supplied

This includes the death of Mr Wilson, a Groote Eylandt mining-related crash, and two tourism-related crashes associated south of Alice Springs and west of Hermannsburg, Ntaria.

The spokesman said workplace deaths, serious injury or illness inquiries were “among the most complex of criminal investigations”, with the lengthy examination done in parallel with police and coronial inquiries.

“Industrial manslaughter is a criminal offence and the burden of proof for a successful prosecution is high, requiring proof beyond reasonable doubt of each element of the offence,” the WorkSafe spokesman said.

“It is a fundamentally important aspect of the administration of justice that NT WorkSafe approaches investigations with the highest standards of due care and attention.

INDUSTRIAL DEATHS 2021-22

August 8, 2021: A male worker drowned while attempting to retrieve a dinghy that floated free at Darwin. The body of a 60-year-old man was recovered after a suspected drowning near Stokes Hill Wharf. The WorkSafe investigation was completed with no prosecution.

November 22, 2021: A 57-year-old woman waiting at a bus stop fell forward into the path of an oncoming bus at The Narrows. The WorkSafe investigation was completed with no prosecution.

Timor-Leste father and husband Germenino De Deus, 34, died after being struck by lightning while working at a Berry Springs mango farm on Monday, November 22. Picture: Facebook

November 25, 2021: Timor-Leste father and husband Germenino De Deus, 34, died a week after he was struck by lighting while working at a Berry Springs mango farm. The WorkSafe investigation was completed with no prosecution.

February 19, 2022: A 65-year-old man was driving on the Rowell Highway, Groote Eylandt when he was involved in a head-on collision with a mining road train. The driver was in hospital for 20 days before he passed away. The WorkSafe investigation into the bystander death is ongoing.

February 28, 2022: Chris ‘Willow’ Wilson was killed in a helicopter crash after a Robinson R44 went down during a crocodile egg collecting mission over the King River, East Arnhem. The WorkSafe investigation is ongoing.

May 22, 2022: A 51-year-old man was killed during a single vehicle incident involving a motorbike south of Alice Springs. The Worksafe investigation into the cultural and recreational services workplace fatal of a bystander is ongoing.

June 6, 2022: A 69-year-old man was killed in a bus rollover west of Hermannsburg. The man and his wife were believed to be celebrating their 40th wedding anniversary while on the Uluru tour when the bus was involved in a single vehicle crash. Five of the nineteen other passengers on board were injured, with the 69-year-old suffering fatal injuries.

The Worksafe investigation into the cultural and recreational services workplace fatal is ongoing.