In legal proceedings brought by Comcare, the Local Court of New South Wales imposed a penalty against the Commonwealth of Australia acting through its responsible agency the Department of Defence (“Department of Defence”) for a contravention of its health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (Cth) (“the Act”) to ensure, so far as is reasonably practicable, the safety of workers while the workers are at work in the business or undertaking, and failed to comply with its duty pursuant to s 33 of the Act (“s 33 offence”).

The prosecution was the result of an investigation by Comcare which was initiated after Corporal Timothy Evans died by suicide at the Royal Australian Air Force Base Williamtown on 28 July 2020. 
On 7 July 2025 the Department of Defence entered a plea of guilty to the s 33 offence. On 19 December 2025 the Court imposed the following sentence on the Department of Defence:  

• a conviction for the breach of its work health and safety duty; 
• a monetary penalty of $188,000.00 for the offence;
• reparations order pursuant to s 21B of the Crimes Act 1914 (Cth);
• an adverse publicity order requiring the Department of Defence to publish the details of the offending.

The s 33 offence relates to the health and safety risk of Department of Defence workers at 81 Wing Combined Workshops (81WG CWKS) suffering psychological or physical harm as a result of stress associated with their performance being managed under the draft Work Plan procedure at Royal Australian Air Force Base Williamtown between 6 January 2020 and 28 July 2020. 

The Department of Defence admitted that it failed to undertake the following reasonably practicable measure:

• The provision of training necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking within 81WG CWKS by ensuring that supervisors involved in use of the draft Work Plan procedure as a performance management process received training for supervisors which included:
  
  • how management of underperformance through a Work Plan may be a psychosocial hazard;
    
    • identifying psychosocial risks associated with workers the subject of performance management through a Work Plan; and
    • processes to eliminate or minimise psychosocial risks arising from the performance management processes through a Work Plan (including when it would be appropriate to refer a worker for medical assessment and suspend a performance management process).

By failing to undertake this measure, the Department of Defence failed to comply with its health and safety duty in that it failed to ensure, so far as was reasonably practicable, the health and safety of workers, including Corporal Timothy Evans. 

As submitted to the Court, since the date of the offending, the Department of Defence has increased training on psychosocial hazards. 

This Notice is published and paid for by the Department of Defence by the Order of the Local Court of New South Wales made on 19 December 2025 in the proceedings brought by Comcare.