Australian Defence Force seeks deal on crocodile attack work safety charge

Commonwealth prosecutors charged the Department of Defence in August 2023 with breaching work health and safety laws after the men were mauled almost three years ago.

Both soldiers suffered significant injuries including bite and claw wounds after being given permission to go fishing at the Cape York Peninsula and were airlifted to Cairns hospital.

The matter was briefly heard in Brisbane Magistrates Court on Monday.

The department had previously sought to strike out elements of the case which had been contested with prosecutors.

Crown prosecutor Polina Kinchina instead sought an adjournment to find a resolution to the case as well as another similar matter.

“The defence have made a submission to the prosecution to resolve this matter. An adjournment is requested by the parties … to consider a resolution,” she said.

The department’s barrister, Sarah Farnden, said prosecutors would need a lengthy adjournment to consider the submission as it also involved Commonwealth prosecutors in Adelaide.

The Darwin-based army personnel were transporting a landing craft from Darwin to Townsville for maintenance in August 2021.

The soldiers, a private in his 20s and a corporal in his early 30s, were given permission to go fishing at the Cape York Peninsula community of Portland Road in a defence inflatable Zodiac, the federal workers’ compensation and safety regulator Comcare said earlier.

“The crocodile dragged one of the soldiers underwater and mauled him while his colleague fought off the animal, allowing the men to escape to the Zodiac,” Comcare said.

Ms Kinchina on Monday said the case was reasonably extensive and would need a six-week adjournment.

“There’s about 100 exhibits and 7000 pages, as I understand,” she said.

Magistrate Belinda Merrin adjourned the matter until May 3.

The department is charged under the Work Health and Safety Act for allegedly failing to provide a safe workplace or properly train its workers.

It is further alleged the Defence Department failed to conduct a risk assessment or provide a detailed safety briefing about the risk of crocodile attack.

The charge carries a maximum penalty of $1.5 million.