Government Ordered to Release Report Into Fatal Taipan Helicopter Crash

A workplace safety report into the Taipan crash will be made public, but the government has blocked the release of other legal documents.

An Australian helicopter crewman is seen standing by an MRH 90 as part of exercise "Talisman Sabre 23" in Townsville airport, Australia on July 27, 2023. Ian Hitchcock/Getty Images

The federal government has been ordered to hand over an investigation into the Whitsundays, in north Queensland, a helicopter crash that killed four Australian Defence Force (ADF) airmen during a military exercise.

One Nation Senator Malcolm Roberts secured a Senate order forcing Comcare, the national workplace health and safety regulator, to release its brief of evidence and final report into the incident.

Crash During Talisman Sabre

The tragedy occurred on the evening of July 28, 2023, during Talisman Sabre, the largest joint military exercise between Australia and the United States.

Captain Danniel Lyon, Corporal Alexander Naggs, Warrant Officer Class 2 Phillip Laycock, and Lieutenant Maxwell Nugent were flying an MRH-90 helicopter, also known as a Taipan, with the callsign “Bushman 83,” on a routine mission to pick up soldiers from Lindeman Island, south of Hamilton Island, when the aircraft plunged into the ocean.

Despite heavy rain close to the threshold for cancelling the mission, the crew was cleared for a new flight plan.

The helicopter was one of four flying in formation when it suddenly climbed and then nosedived into the water.

As soon as it was light the next day, hundreds of ADF and emergency services personnel searched the area for the four men.

By day three, the army announced it had become a recovery mission. The search effort lasted three months.

Only parts of the helicopter were retrieved, and the men’s families were left to farewell them in empty caskets. They were not granted military graves as they had not died in combat.

Safety Concerns Raised

The 6th Aviation Regiment honour roll during the memorial service for the "Bushman 83" crew at Holsworthy Barracks in Sydney on Sept. 27, 2023. Courtesy of the Australian Defence Force

Since the tragedy, multiple inquiries have been held, including by the Inspector-General of the Australian Defence Force.

Whistleblowers told the inquiry they had expressed serious concerns about the TopOwl helmet-mounted visor, which they believed would cost lives because they tended to display serious inconsistencies when compared with real readings.

A sleep expert also gave evidence that the men were working under hazardous levels of fatigue, sleeping during the day in hot tents next to a busy airport and fire station.

Leaked information suggests Comcare identified two alleged breaches of workplace safety laws linked to fatigue and the visor system.

Senate Motion

Senator Roberts said families had been left “bewildered” by the Commonwealth Director of Public Prosecutions’ (CDPP) decision not to lay charges against Defence despite Comcare’s findings.

“When four airmen die, there must be transparency if the government wants confidence in the decision not to prosecute,” Senator Roberts said.

“Their sons, brothers, and partners put their life on the line for this country, so they deserve answers and transparency.”

His motion succeeded in compelling the release of Comcare’s evidence brief and investigations, but senators voted down his push for the CDPP to release its reasons for not prosecuting.

That would have forced disclosure of internal assessments, legal advice, correspondence, including all written and digital records of interaction. Coalition and Labor senators opposed the move, arguing it would breach long-standing legal privilege.

Senator Malcolm Roberts in the Senate at Parliament House on July 4, 2019, in Canberra, Australia. Tracey Nearmy/Getty Images

Labor’s Anthony Chisholm said it was not appropriate to release the material while families had formally asked the CDPP to review its decision.

“We remember the lives, dedication, and spirit of [the four men,]” Senator Chisholm said.

“[But] the decision to prosecute lies with the Commonwealth Director of Public Prosecutions, which is an independent statutory agency.”

Families Seeking Answers

The soldiers’ families have been pressing for greater transparency, saying the lack of charges has left them without accountability.

Roberts said he hoped the release of Comcare’s report would help them find peace.

“I call on the government to comply with the order in full,” he said.

The Taipan fleet was permanently retired last year following a series of safety issues. Australia has since begun replacing the aircraft with Black Hawk and Seahawk helicopters.