Senate votes down release of some documents into helicopter crash that killed four ADF members
The MRH-90 Taipan crashed in the Whitsundays during the Talisman Sabre military exercises in 2023. (ABC News)
In short:
Senator Malcolm Roberts called a vote in the Senate to require documents surrounding the fatal Taipan helicopter crash to be made public.
Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph Laycock and Corporal Alexander Naggs died in the crash during training exercises in the Whitsundays.
What's next?
Following the vote, national workplace health and safety authority's (Comcare) brief of evidence and final investigation report into the crash will be made public.
The federal government has voted down a motion in the Senate, calling for documents to be unsealed revealing why Commonwealth prosecutors decided not to lay charges against the Department of Defence over an army helicopter crash which killed four soldiers off Queensland's coast.
The ABC revealed last month that Commonwealth prosecutors would not lay charges against the Department of Defence over the crash, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph "Phillip" Laycock and Corporal Alexander Naggs.
The four men were killed when their MRH-90 Taipan helicopter plunged into the ocean off Queensland's Whitsundays coast in July 2023, during a defence training exercise.
The upper house did vote to make public the national workplace health and safety authority Comcare's brief of evidence and final investigation report into the crash.
The ABC understands that investigation identified two alleged breaches of workplace safety laws.
The unveiling of these documents means those allegations may finally be confirmed to the families of the fallen airmen and the public.
Captain Danniel Lyon, Corporal Alexander Naggs, Lieutenant Max Nugent and Warrant Officer Class Two Joseph Laycock were killed in the crash. (Supplied: ADF)
Calls for transparency
One Nation Senator Malcolm Roberts put the vote to the Senate on Wednesday, which if successful, would have ordered the government to hand over documents relating to its decision not to bring a case forward.
The notice of motion asked senators to vote on whether to require that the Commonwealth Director of Public Prosecutions (CDPP) table documents relating to its decision not to prosecute.
These would include the CDPP's assessment of the brief of evidence provided by Comcare and all written and digital correspondence and all other records of interaction.
That motion was voted down, with Labor’s Anthony Chisholm stating it would see legal advice published.
"We recognise the tragic loss of the MRH-90 aircrew on 28th of July, 2023," he said, addressing the Senate.
"We remember the lives, dedication and spirit of [the four men].
"The decision to prosecute a matter is one that lies with the Commonwealth Director of Public Prosecutions, which is an independent statutory agency."
Senator Chisholm also said as the families had requested the CDPP review its decision not to prosecute, it would not be appropriate for the information to be released.
However, he said the government would support Senator Roberts’ second motion, which passed, which will see Comcare’s brief of evidence and final report into its investigation into he crash.
Malcom Roberts is expected to call a vote on Wednesday in the Senate to release Taipan documents. (ABC News: Jed Cooper)
Comcare referred its brief of evidence to the CDPP after its investigation into the crash.
In a statement issued last month, the CDPP said it, "determined that there is presently insufficient evidence to commence a prosecution based upon the evidence within the brief that was referred to the CDPP".
The fleet of MRH-90 Taipan helicopters were retired early following the fatal crash. (Supplied: ADF)
At the time, several family members of the fallen soldiers told the ABC they were "devastated", "defeated", and "broken" by the decision.
Daniel Nugent, the father of Lieutenant Maxwell Nugent, told the ABC he would support the release of the documents.
"If there's nothing to hide, why wouldn't they vote for it?"he said.
Senator Roberts said transparency around the Comcare investigation was essential.
"The families deserve answers and closure around what the evidence was and why this decision was made," he said.
Defence said in a statement issued last month that it was, "unreservedly committed to supporting the conduct of thorough and independent investigations to determine what happened and to identify actions to be taken to prevent aviation accidents and incidents".
Alleged breaches of workplace safety
The ABC understands Comcare identified alleged breaches of the Workplace Health and Safety Act which related to fatigue and the controversial night vision devices the pilots were wearing.
Those elements were at the centre of evidence brought to light during a separate, independent Inspector-General of the Australian Defence Force (IGADF) inquiry into the crash.
Whistleblowers told the inquiry they had serious concerns about the helmet-mounted visors — known as TopOwl 5.10 — believing someone would die if they were put into service.
The inquiry heard whistleblowers had concerns about the TopOwl 5.10 night vision helmet visors. (Supplied: Bradley Richardson)
It was revealed the visors had a tendency to display serious inconsistencies when compared with real readings and were originally marked by a defence testing organisation as posing an "unacceptable" risk to safety.
Fatigue was also a key focus of the IGADF inquiry, with a sleep expert testifying that on his analysis of the men's sleeping patterns leading up to the crash, they would have been operating at hazardous levels of fatigue.
During the exercise, the soldiers were sleeping during the day, next to a commercial airport and operational fire station, in hot tents while their colleagues were conducting their own duties.