Multiple charges laid by WorkSafe over fatal central Australian tour bus crash

WorkSafe has laid a number of charges against an Alice Springs tour company over modifications made to the bus, which impacted the safe operation of the vehicle.

Northen Territory (NT) WorkSafe is looking to hold Emu Run Tours Pty Ltd accountable over a 2022 tour bus crash that led to the death of one passenger, and injuries to all remaining occupants.

The tour bus was carrying two workers and 19 passengers as it was returning to Alice Springs, along Larapinta Drive after a day trip when a tyre on the bus blew out, causing the driver to lose control and the bus to rollover.

NT WorkSafe’s investigation, which included evidence collected by the Northern Territory police, found that the tour bus had been significantly modified, which assumedly impacted the safe operation of the vehicle, specifically changing the configuration of the vehicle from operating on six wheels to four wheels.

The charges are being laid against Emu Run Tours company director Patrick Joseph Bedford, and the company’s mechanic Ian Matthew Jackson. 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 has been charged with four breaches of the Work Health and Safety Act 2011:

• One charge for breaching its primary duty of care for failing to ensure the health and safety of workers
• Two charges for breaching its primary duty of care for failing to ensure: The health and safety of the passengers, and exposing the other road users travelling on Larapinta Drive to a health and safety risk
• One charge for failing to comply with the health and safety duties

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

• Three charges for breaching his duty as an officer 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.

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

• Three charges for breaching his duty as a worker 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

The accumulated fines if they are found guilty of all charges could topple $6.5 million. The charges are set to be listed for mention at the Darwin Local Court on Tuesday 2 July 2024 at 10:00am.