Multiple charges laid over fatal central Australian tour bus rollover

NT WorkSafe has laid multiple charges against an Alice Springs tour company Emu Run Tours Pty Ltd (trading as Emu Run Experience), the company director Patrick Joseph Bedford, and the company’s mechanic Ian Matthew Jackson, in relation to the 2022 tour bus crash.

In June 2022, a tour bus carrying two workers and 19 passengers was returning to Alice Springs along Larapinta Drive after a day trip when a tyre on the vehicle blew out. The incident, which occurred approximately 5km outside of Hermannsburg, caused the driver to lose control of the vehicle which overturned, resulting in the death of one passenger and injuries to all the remaining occupants.

NT WorkSafe’s investigation, which incorporated evidence obtained by the Northern Territory Police Major Crash Investigation Unit, found the tour bus had been significantly modified which would have impacted the safe operation of the vehicle, namely changing the configuration of the vehicle from operating on six wheels to four wheels.

NT WorkSafe will allege the proposed modifications to the vehicle had not been assessed and approved in accordance with Engineering and Vehicle Standards requirements.

NT WorkSafe will further allege the tyres fitted to the vehicle after the modifications had been completed were not used in accordance with the manufacturer’s specifications.

Emu Run Tours Pty Ltd has been charged 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 (Section 19(1)) for failing to ensure the health and safety of its workers.
• Two charges under Section 32 of the Act for breaching its primary duty of care (Section 19(2)) for failing to ensure:
  • The health and safety of the passengers.
  • Exposing the other road users travelling on Larapinta Drive to a health and safety risk.
• One charge under Section 33 of the Act for failing to comply with the health and safety duties specified under Section 19(3)(a)(b)(c)(d) and (f) of the Act.

Patrick Joseph Bedford has been charged as an officer with the following four breaches of the Act:

• Three charges under Section 32 of the Act for breaching his duty as an officer (Section 27(1)) for failing to exercise due diligence which:
  • Resulted in the workers being injured.
  • Resulted in the passengers being injured and killed.
  • Resulting in other road users travelling on Larapinta Drive being exposed to a work health and safety risk.
• One charge under Section 33 of the Act for failing to comply with the health and safety duty (Section 27(1)) which required he exercise due diligence to ensure Emu Run Tours Pty Ltd complied with the work health and safety laws.

Ian Matthew Jackson has been charged as a worker with the following three breaches of the Act:

• Three charges under Section 32 of the Act for breaching his duty as a worker (Section 28) in failing to ensure his acts or omissions do not adversely affect the health and safety of other persons which:
  • Resulted in the workers being injured.
  • Resulted in the passengers being injured and killed.
  • Resulted in exposing the other road users travelling on Larapinta Drive to a health and safety risk.

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

• Emu Run Tours Pty Ltd - $5 million.
• Patrick Joseph Bedford (as an officer) - $1 million.
• Ian Matthew Jackson (as a worker) - $ 500,000.

The matter is listed for mention at the Darwin Local Court on Tuesday 2 July 2024 at 10:00am.