A serious boat crash at Horizontal Falls in Western Australia in May 2022 has led to convictions and fines for the master of the vessel Falls Express and its operator, Journey Beyond Adventures Pty Ltd.
25 passengers and 2 crew members suffered multiple injuries but fortunately, no fatalities were reported.
The Falls Express, a high-speed vessel owned and operated by Journey Beyond Adventures, was transiting through a narrow 7.5-meter gap at Horizontal Falls when it crashed into a rock wall on May 27, 2022.
The crash occurred during an eco-tour at Talbot Bay in the Kimberley region, located over 2,200 kilometres north of Perth. Emergency services responded quickly in the remote location, rescuing the injured passengers.
Following an investigation by the Australian Maritime Safety Authority (AMSA), charges were laid by the Commonwealth Director of Public Prosecutions.
The charges were based on evidence gathered during the investigation, which found failings in the handling of the vessel and the safety procedures implemented by both the vessel’s master and the tour company.
In Perth Magistrates Court, the vessel’s master, Edward James Whisson, pleaded guilty to two charges under the Marine Safety (Domestic Commercial Vessel) National law. He was fined $12,000, with a conviction recorded.
Journey Beyond Adventures Pty Ltd, the company that operated the Falls Express, also pleaded guilty to a single charge and was fined $15,000.
AMSA’s Acting National Operations Manager, David Marsh, discussed the importance of properly implementing safety management systems. He pointed out that a safety management system should not be seen as a mere document collecting dust but must be actively followed to ensure safe vessel operations.
Marsh warned that failing to properly implement such systems could lead to devastating consequences for both human life and businesses.
The court heard that Whisson misjudged the handling of the vessel, particularly in the treacherous waters of the falls. The magistrate explained that Whisson’s failure to assess the risks correctly resulted in serious consequences for those onboard.
Magistrate Janelle Scutt described the consequences of the crash as “devastating, broad-reaching, and ongoing.”
During the sentencing hearing, the victim impact statements were read in court, with one passenger describing the ongoing rehabilitation process from a broken leg sustained in the crash. This passenger shared how the injury had affected her enjoyment of activities she once loved.
The court also heard that Journey Beyond Adventures had failed to ensure compliance with its safety management systems, though this failure did not directly cause the crash.
The company was found to have fallen short in ensuring that its systems were properly followed. The court acknowledged that the company had suffered major financial losses, including over $2 million in passenger support and $4 million in lost operations due to the incident.
An extensive investigation was carried out by AMSA after the crash, which led to the charges being filed in May 2023. In response, the state government will ban boats from passing through the Horizontal Falls area in 2028 to balance tourism and environmental protection.
Reference: AMSA
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