Australian Army Cadets
Comcare has accepted a Court-enforceable Undertaking from the Chief of Army, Australian Army in relation to an alleged failure by the Australian Army to observe its duties under the Occupational Health and Safety Act 1991 (the Act). The Undertaking is a legally enforceable commitment by the Chief of Army which has been accepted by Comcare as an alternative to Comcare pursuing civil proceedings against the Chief of Army in relation to the alleged breach of the Act.
The Undertaking follows an investigation by Comcare into an incident, which occurred on 30 March 2007, when six Australian Army Cadets, during the course of a navigation exercise, failed to return to their camp site by the designated arrival time that day. The Australian Army Cadet section (the lost section) was not located during searches by Australian Army Cadet staff and was still unaccounted for by first light on 31 March 2007. Subsequently, on the morning of 31 March 2007, under its own ability the section returned to camp headquarters in the Wombat State Forest. Comcare's investigation into that incident identified a number of breaches of section 16 of the Act.
The Chief of Army has undertaken to:
- admit liability that the Australian Army failed to ensure, for the totality of the navigation exercise undertaken by the lost section, that the lost section were in possession of a radio as was previously issued and which had been identified as required in the risk assessment
- write to the individual members of the lost section and their families expressing regret for the incident that occurred
- produce a field activities handbook to assist in the planning and conduct of Australian Army Cadet field activities
- develop a standard operating procedure for the mandatory reporting requirements on lost or overdue cadets for Australian Army Cadet field activities and review the Activity Approval process so as to include notification of certain activities to Emergency Services from 1 March 2009
- design a new Australian Army Cadets Risk Management process which is consistent with the Australian Defence Force's Military Risk Management process and suitable for Australian Army Cadet personnel, with progressive implementation from 1 May 2009
- provide Comcare with copies of review findings and new systems that have been implemented and with copies of the policies and procedures arising out of the Cadet OHS Risk Management Investigation.
Comcare will oversee compliance by Chief of Army with the Undertaking for its duration, which expires on 1 April 2010.
A copy of the Undertaking can be viewed here: