Comcare CEO statement - MRH-90 Taipan inquiry

At the outset I would like to acknowledge and extend my sincerest condolences to the loved ones of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph ‘Phillip’ Laycock and Corporal Alexander Naggs, who tragically lost their lives on the 28th of July 2023, when their MRH-90 Taipan helicopter crashed near Lindeman Island off the Queensland coast.  

I also acknowledge the impact this incident has had on members of 6 Aviation Regiment and other members of the Australian Defence Force.

On 1 August 2023, Comcare commenced an investigation into Defence’s compliance with the Commonwealth Work Health and Safety Act (WHS Act) in relation to this incident. The investigation examined several lines of inquiry including:

• the management of fatigue risks
• the use of the Top Owl navigation system, and
• potential mechanical or structural issues associated with the aircraft.

During the investigation, Comcare formed the view that there were known risks to the health and safety of workers in respect of fatigue and the Top Owl system, and that Defence failed to implement available control measures so far as was reasonably practicable.  

At that time, Comcare considered there was evidence to support a view that Defence may have committed one or more offences under the WHS Act.  

As a result, Comcare referred two briefs of evidence to the Commonwealth Director of Public Prosecutions (CDPP) in respect of fatigue management and the Top Owl system.

On 22 July 2025, the CDPP advised that it would not commence a prosecution, as it did not consider there were reasonable prospects of obtaining a conviction.

I would like to stress that Comcare’s investigation remains open, and we continue to focus on the safety issues associated with the incident.

While the usual two-year limitation period has expired the WHS Act allows for proceedings to be brought outside that period in specific circumstances.  

Comcare is aware that the Inspector-General of the Australian Defence Force and the Queensland Coroner are both conducting inquiries.  

In Comcare’s view, these processes and any findings may potentially extend the limitation period.  

If that occurs, Comcare may consider referring a subsequent brief of evidence to the CDPP.  

Comcare is committed to fully assisting this Inquiry where possible, while maintaining an appropriate balance between transparency and protecting the integrity of its ongoing investigation.  

Importantly, Comcare is concerned to preserve the potential for any future regulatory or prosecutorial action under the WHS Act.  

Maintaining this balance means that there are necessarily limitations on the information we can provide at this time. Disclosing certain material such as legal advice, or detailed evidence could jeopardise any future prosecution.  

Comcare is especially conscious of taking an approach that respects and protects the interests of the loved ones of the Defence members who lost their lives.  

We appreciate that the Committee shares this objective, and we welcome the opportunity to assist today.

Colin Radford
Comcare Chief Executive Officer