Defence fined for WHS notification breach
1 July 2025
The Department of Defence has been convicted and fined for failing to immediately notify Comcare of an incident which seriously injured a soldier at a Brisbane Army base.
Defence pleaded guilty to a single charge of failing in its duties under the Commonwealth Work Health and Safety Act 2011 (WHS Act) and was fined $7,000 in the Brisbane Magistrates Court on 27 June 2025.
Comcare’s Acting CEO Michael Duke said incident reporting was integral to workplace health and safety.
“With an expanded framework for notification requirements being considered for most jurisdictions across Australia, this case is a timely reminder of the importance of notifying serious WHS incidents to regulators,” Mr Duke said.
“Incident notification is a critical source of information and helps create safer workplaces by enabling WHS regulators to identify and investigate underlying hazards and risks which may lead to incidents.
“Notification can also help regulators identify and analyse trends which can lead to developing better safety standards and preventative measures across all workplaces.”
The incident happened at Brisbane’s Gallipoli barracks on 1 September 2022 during combat training involving an M1A1 Abrams tank.
The soldier suffered a deep laceration to a thumb while loading a dummy round into the tank’s main gun, with the injury requiring surgery.
Defence did not notify Comcare of the incident until 8 September 2022.
The offence, which at the time carried a maximum penalty of $50,000, relates to section 38 of the WHS Act (Duty to notify of notifiable incidents):
- A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
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