The Department of Defence has been convicted and fined $188,000 over the death of a worker at RAAF Base Williamtown, in a landmark legal case concerning psychosocial safety.
A Landmark Conviction for Psychosocial Failures
In a first for a Commonwealth employer, the Department of Defence pleaded guilty to a single charge of failing to take reasonably practicable steps to manage health and safety risks. The case centred on the death of a 34-year-old Royal Australian Air Force technician, who took his own life while on duty at the Williamtown base on July 28, 2020.
Magistrate Brett Thomas in the NSW Local Court convicted Defence and imposed the financial penalty. He also made an adverse publicity order, requiring the department to publicise details of the offence, its consequences, and the penalty. The specifics of this order are yet to be finalised.
Systemic Failures in Performance Management
The court found that Defence breached its primary duty under work health and safety laws by failing to provide adequate training for supervisors using a draft work plan procedure as a performance management tool. Comcare's investigation revealed the worker was subjected to four separate work plans within a six-month period.
During this process, the worker displayed increasing signs of distress and ill-health. However, the investigation found that at no point did his supervisors refer him for support, place him on leave, or take steps to relieve the significant stress and pressure he was under.
Risk controls that were available, but not properly implemented, included training supervisors to:
- Understand how a work plan can act as a psychosocial hazard.
- Identify psychosocial risks linked to performance management via work plans.
- Eliminate or minimise those risks, including knowing when to refer a worker for medical assessment or suspend the process.
A Call for Proactive Safety Measures
Comcare CEO Colin Radford stated that the risks to the worker were "obvious and known to Defence through existing policies and guidelines." He emphasised that policies only mitigate risk if they are applied in practice and supported by proper training for those implementing them.
The investigation concluded that Defence was aware the worker was not coping and was also dealing with personal issues. The department failed to deliver the proactive approach to work health and safety that the serious and foreseeable risks demanded.
The maximum penalty available for this Category 3 criminal offence was $500,000. The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
Support is available for anyone in distress via Lifeline (13 11 14), the Men's Referral Service (1300 776 491), Kids Helpline (1800 551 800), beyondblue (1300 224 636), or 1800-RESPECT (1800 737 732).
