Defence facing WHS charges over crocodile attack on soldiers

The Department of Defence is facing charges after two soldiers were injured in a crocodile attack two years ago.

Two Darwin-based soldiers were injured while swimming at Portland Roads in far north Queensland on 6 August 2021, when a 2.5 metre saltwater crocodile attacked them. Multiple injuries required hospital treatment for both soldiers.

Comcare, Australia's federal work health and safety regulator, announced on Friday that charges had been filed against the department for breaching its duty to train workers and provide a safe system of work. Failing to uphold these WHS obligations could result in a maximum fine of $1.5 million against the department.

This case highlights broader concerns around workplace safety compliance within defence operations, echoing issues raised in other incidents where the department faced charges over an employee's death. Safety obligations under the Work Health and Safety Act extend to every environment where personnel operate, including remote coastal regions where crocodile activity poses genuine risk.

Why Safe Systems of Work Matter for High-Risk Environments

Organisations operating in remote or hazardous locations must establish robust safety protocols before exposing workers to potential danger. A safe system of work isn't optional — it's a fundamental health and safety requirement under Australian WHS legislation.

Key obligations for employers include:

• Conducting thorough risk assessments before allowing workers into unfamiliar or hazardous terrain
• Providing adequate training on local hazards, including wildlife risks
• Implementing supervision and monitoring systems for activities near water in crocodile habitats
• Maintaining emergency response plans for injuries occurring in remote locations

Similar incidents, such as the charges laid over an alleged attack on nurses, demonstrate that health and safety duties apply across diverse workplace settings, not just traditional office or industrial environments.

Strengthening WHS Compliance Documentation

Employers seeking to avoid similar charges should review their existing safety documentation and ensure it addresses site-specific risks. Comprehensive, well-maintained records demonstrate due diligence and support compliance with statutory obligations.

SafetyDocs offers resources to help organisations build stronger safety frameworks, including a WHS Recording Centre for tracking incidents and hazards, alongside a WHS Policy Manual outlining clear procedures for high-risk work.

Businesses can also explore a broader WHS document finder to locate templates suited to their specific industry, or browse our full range of policies and procedures for instant download.

Read more here.