Australian Department of Defence charged for allegedly breaching WHS Act

The Defence Department could be fined up to $2m after a worker committed suicide at NSW’s RAAF Base Williamtown.

Defence has been charged with alleged breaches of Commonwealth work, health and safety laws after an RAAF technician took his own life at RAAF Base Williamtown in 2020.

Government regulator Comcare this week filed three charges in the Maitland Local Court of NSW alleging Defence “failed in its primary duty of care” around mental health of the unnamed worker on July 28 that year.

“All charges relate to alleged failures in managing risks to psychological health and safety during the administration of Defence workplace policies and procedures,” Comcare said in a statement to court, referencing its investigation.

“It is alleged Defence breached its health and safety duty under section 19(1) of the WHS Act by failing to provide, so far as reasonably practicable safe systems of work, necessary training to workers (and) information necessary to protect all persons from risks to their health and safety.”

The Defence Department could be fined up to $2 million for the alleged offences.

Comcare alleges the Defence Department “failed in its primary duty of care” around the mental health of a worker who took his own life.

The matter is listed for mention in the Maitland Local Court on September 29, 2022.

The Royal Commission into Defence and Veteran Suicide is looking into the ramifications of the case.

Comcare CEO Sue Weston had given evidence to the commission in April in which she said the Work Health and Safety Act was “very prescriptive” and issues had to be deemed a “notifiable event” which meant there was a gap in reporting workplace incidents to Comcare.

“To see a serious sexual assault or physical assault … the injury needs to be sufficient to be considered for an inpatient at a hospital and that doesn’t always happen with these type of injuries,” Ms Weston said.

“If it doesn’t pass the notifiable request, that is the problem, we don’t get the visibility of it in that way.”

SANE Helpline: 1800 18 72 63

Lifeline: 131 114

Beyond Blue: 1300 22 4636

Originally published as Australian Department of Defence charged for allegedly breaching WHS Act