Defence charged for endangering employee's mental health

Defence Charged for Endangering Employee's Mental Health

Comcare, the federal work health and safety regulator, has brought charges against the Department of Defence for violating federal WHS regulations concerning psychosocial risks at a Queensland Army base.

Following a Comcare probe, the Commonwealth Director of Public Prosecutions has charged the department with three breaches of federal work health and safety regulations. Effective psychosocial hazard management remains critical for organisations seeking to protect employee wellbeing and avoid similar prosecutions.

What the Charges Involve

Prosecutors accuse the department of breaching its primary duty of care under section 19(1) of the Commonwealth Work Health and Safety Act 2011 (WHS Act). This provision requires organisations to manage risks to worker safety so far as reasonably practicable.

Prosecutors allege that Defence's failures exposed an Australian Defence Force member to a risk of death or serious injury—including risk of self-harm or suicide—arising from stressors or mental health issues experienced while geographically isolated from their chain of command.

Poor management of isolation-related psychosocial hazards sits at the heart of this case. Organisations with personnel working remotely or without regular supervisor contact face heightened obligations to identify and mitigate these risks under the Act.

Why This Matters for Safety Management

This prosecution signals growing regulatory scrutiny of psychosocial risk management across Commonwealth workplaces. Comcare's action against a major federal employer demonstrates that mental health hazards receive equal weight alongside physical safety concerns under current legislation.

Organisations should review their approach to:

• Identifying psychosocial hazards affecting geographically isolated staff
• Establishing clear communication channels within chains of command
• Developing robust mental health policies and plans tailored to remote or isolated work arrangements
• Training management teams to recognise early warning signs of mental distress

Comcare's regulatory action reflects wider recognition that safety obligations extend beyond physical hazards. Sound management practices must address emotional and mental strain alongside traditional workplace risks.

Building Stronger Psychosocial Safeguards

Businesses across construction, manufacturing, and healthcare sectors face comparable challenges when staff operate away from direct supervision. Strong policies and consistent management oversight help reduce exposure to psychosocial harm before it escalates into crisis.

For guidance on nurturing employee wellbeing, see our related article on mental health at work. Businesses seeking practical frameworks might also review our bullying policy templates and health and welfare policy resources, which support broader psychological safety initiatives within an organisation.

Both parties will appear in court early next month. Read more here.