Following an investigation, Comcare has convicted and fined the Department of Defence $7,000 for failing to immediately notify the regulator of a serious injury incident at a Queensland Army base.
“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”, said Comcare’s Acting CEO Michael Duke.
The incident occurred at the Brisbane Gallipoli barracks on 1 September 2022 during combat training involving an M1A1 Abrams tank. A soldier was loading a dummy round into the tank’s main gun when they suffered a deep laceration to the thumb which required surgical treatment.
The Department of Defence did not notify Comcare of the incident and injury until 8 September 2022.
The failure to notify Comcare of the injury constituted a breach of s.38 of the Commonwealth Work Health and Safety Act 2011 (WHS Act). The Act states at s.38 that a person who conducts a business or undertaking (the employer) “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.”
The nature of the injury aligned with the definitions in s.36 What is a serious injury or illness, and the employer was immediately aware that the injury had occurred. The maximum applicable penalty at the time of the incident was $50,000.
Read more: Defence fined for WHS notification breach | Comcare
