Adventure tour company and directors charged over airboat crash

NT WorkSafe has charged a Top End adventure tour company and two directors over an airboat crash that injured eight passengers.

In May 2023, twenty-six tourists were passengers on two airboats as part of a day tour at a tourism safari camp located near Sweets Lagoon in Bynoe, south-west of Darwin. Half of the airboat passengers were children under the age of eighteen, and the tourists were part of a larger group tour consisting of 102 tourists and two group tour staff at the safari camp.

During the cruise, one of the airboats named Gale Force crashed into the base of a semi submerged tree with such force that the 13 passengers on-board were ejected from their seats. Eight passengers were injured, with the most seriously injured passenger suffering a fractured skull and significant scalp laceration.

NT WorkSafe has charged Top End Safari Camp Pty Ltd with the following four breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act):

• One charge under Section 32 of the Act for breaching its primary duty of care under Section 19(1), for failing to ensure the health and safety of its worker.
• One charge under Section 32 of the Act for breaching its primary duty of care under Section 19(2), for failing to ensure the health and safety of the airboat passengers.
• One charge under Section 33 of the Act for breaching its primary duty of care under Section 19(3)(a)(b) and (c), for failing to ensure a work environment without risks to health and safety, failing to provide and maintain safe plant (namely the airboat) and failing to provide and maintain a safe system of work.
• One charge under Section 33 of the Act for failing to ensure the airboat (as plant) was without risks to the health and safety of any person as required under Section 21(2) of the Act.

NT WorkSafe will allege Gale Force operated without any seat belts, lifejackets, a lifebuoy or a first aid kit on-board, and the airboat’s radio was not working on the day of the incident. These omissions breached the airboat manufacturer’s Airboat Operation, Safety & Maintenance Manual, as well as the company’s own safety management system.

NT WorkSafe will further allege that despite Top End Safari Camp’s safety management system being developed and authorised in December 2021, the company did not implement any risk assessments, risk registers or safety management plans for airboat operations specified in its safety management system until after the May 2023 incident.

It is further alleged that both airboats exceeded the maximum on-board passenger limits detailed in their Certificate of Operation issued by the national agency responsible for maritime safety.

NT WorkSafe has also charged the company’s two directors, Kaia Wright and Matthew Nicholas Wright, who each face the following three breaches of the Act:

• Two charges each under Section 32 of the Act for breaching their duty of officers under Section 27 of the Act.
• One charge each under Section 33 of the Act for breaching their primary duty of care under Section 19(3)(a)(b) and (c) of the Act.

If found guilty of all charges, the defendants face the following maximum combined penalties:

• Top End Safari Camp Pty Ltd - $4 million.
• Mrs Kaia Wright - $700,000
• Mr Matthew Nicholas Wright - $700,000

The matter is listed for mention at the Darwin Local Court on Thursday 05 December 2024 at 09.30am.