Latest news with #Comcare
Daily Mail
6 days ago
- Entertainment
- Daily Mail
Jim Jefferies slams PM Anthony Albanese over nephew's death in army helicopter crash: 'He can go eff himself'
Jim Jefferies has opened up about his ongoing heartbreak after his 24-year-old nephew Max Nugent died in a tragic Queensland army helicopter crash in 2023. The Australian comedian, 48, appeared on KIIS FM's Kyle & Jackie O Show on Friday morning and shared his frustration at not getting any closure after more than two years. On Thursday, the Commonwealth's lawyers rejected Comcare's recommendation to pursue the Australian Defence Force over alleged workplace safety breaches, which led to the Taipan helicopter crashing on July 28, 2023, and the deaths of four people. 'When the families found out yesterday that at the hearing it was said, "no one is at fault", that must have been hard to handle, right?' co-host Kyle Sandilands asked Jefferies. The comedian said the decision was a severe blow to his entire family: 'We have been going to the hearings for over two years.' From A-list scandals and red carpet mishaps to exclusive pictures and viral moments, subscribe to the DailyMail's new showbiz newsletter to stay in the loop. 'Now they have said there are no claims, the families are getting nothing, there is no fault,' he added. 'Major Ian Wilson said in the hearing that the helmets they were wearing were faulty under bad conditions and it was very rainy that night.' Jefferies added he felt the Australian government was not doing enough to support the bereaved families who lost a loved one in this tragic accident. 'The families deserve a day in court. We have been going to the hearings and just hearing drivel all the time. The government said our families would get justice. 'Well, [Prime Minister] Albanese can go eff himself, this isn't justice, this isn't even an attempt of letting us see if we could get justice! 'The Commonwealth DPP [Director of Public Prosecutions] have been disgusting, it was proven the pilots had fatigue and shouldn't have been up there, under the guidelines of the military. What a nightmare!' 'Even if it wasn't technical, there were some managerial problems there or what have you. 'You can have people laying wreaths on Anzac Day and saying they shall not be forgotten, and we support the troops. On Thursday, the Commonwealth's lawyers rejected Comcare's recommendation to pursue the Australian Defence Force over alleged workplace safety breaches which led to the deaths of four people. The comedian said the decision was a blow to his entire family 'But at the end of the day, you're doing nothing. That's all just lip service. They have left them with very little options.' The accident occurred in July 2023, when an Australian Army chopper was conducting a joint military exercise as part of Operation Talisman Sabre and crashed in the waters off the Whitsunday Islands at about 10.30pm. Captain Daniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class Two Joseph Laycock, and Corporal Alexander Naggs were named by the Chief of Army, Lieutenant General Simon Stuart, as the four deceased. They were all members of the army's 6th Aviation Richmond Unit based at the Holsworthy Army Barracks in Sydney. Lieutenant Nugent was the son of senior NSW Police Force officer Daniel Nugent, who is the brother of Aussie comedian Geoff Nugent – better known by his stage name Jim Jefferies. Jefferies paid tribute to his beloved nephew on social media shortly after his passing. 'My nephew Lieutenant Max Nugent died in a tragic helicopter accident that included three other soldiers: Captain Daniel Lyon, Warrant Officer Class Two Joseph Laycock, and Corporal Alexander Naggs,' he wrote. 'My heart goes out to these three families, knowing the pain they are feeling and that their lives will never be the same. 'I remember the day Max was born. He was my brother and sister-in-law's first child, and the first grandchild on both sides of his family. 'He couldn't have been more loved and welcomed into this world. We had high hopes for Max and he didn't disappoint.' The comedian said it was a 'pleasure' to watch him grow up to become someone he admired. 'He's someone I always admired, and I was so proud to call him my nephew. I still am,' he wrote.
News.com.au
6 days ago
- News.com.au
Commonwealth prosecutors won't pursue charges against Dept of Defence over fatal Taipan crash which killed four soldiers
Commonwealth prosecutors will not lay charges against Defence after four soldiers died in a horrific army helicopter crash – even after a damning report identified serious issues related to night vision technology used by the soldiers and their fatigue. The bombshell update comes close to the two-year anniversary of the devastating incident, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Phillip Laycock and Corporal Alexander Naggs. All four were on board a MRH-90 Taipan helicopter, with the call sign Bushman 83, when it plunged into the waters off Queensland's Hamilton Island on July 28, 2023. At the time, the aircraft was flying in formation with three other helicopters during Exercise Talisman Sabre. Captain Lyon was piloting Bushman 83 alongside co-pilot Lieutenant Nugent when the pair became 'disoriented' for 21 seconds, losing control of the aircraft. He managed to avoid a mid-air collision by rolling the aircraft to the right – diverting it from the path of another helicopter, callsigned Bushman 82. Bushman 83 hit the water at 259km/h, killing everyone on board. A 228-page report by the Defence Flight Safety Bureau (DFSB) laid out the timeline of tragedy, attributing the primary cause of the crash to spatial disorientation. In late July 2023, Comcare – the national authority for work health and safety – began an investigation of potential health and safety offences relating to the crash. Their investigation focused on the Department of Defence's duties owed to workers 'under the Commonwealth Work Health and Safety Act 2011'. In a statement, a Comcare spokesman said investigators provided a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP). But any potential prosecution of alleged workplace health and safety breaches will not take place, according to the CDPP's latest advice to Comcare. The Comcare spokesman said the CDPP had advised the regulator in July that 'it did not consider there was sufficient evidence to commence a prosecution.' NewsWire has contacted the CDPP for comment. The news has outraged family members of the deceased soldiers, with Lieutenant Nugent's father Daniel saying it was a 'disgrace'. 'It's given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,' he told the ABC. 'Is this how we treat people in our country?' The DFSB's report, released in May, outlined 196 findings, including indirect findings and observations, making 46 recommendation across the Defence Aviation Safety Program. It was one of the most complex investigations by the department in recent history. Cockpit audio of an exchange between Captain Lyon and Lieutenant Nugent sharing a brief exchange before the crash as Captain Lyon tried to navigate rain showers, losing visual contact with Bushman 82. As they attempted to regain sight of the aircraft, neither pilot noticed a critical change in Bushman 83's pitch, from nose-up to nose-down, as their helicopter climbed above the formation. The report states Captain Lyon pitched further, inadvertently pushing their aircraft into a fatal nose-down position. Investigators have determined Captain Lyon's last-second evasive manoeuvre likely saved four other lives by avoiding a mid-air collision with Bushman 82. The DFSB report found Captain Lyon and Lieutenant Nugent were fatigued at the time of flying, as they had been sleeping in tents at Proserpine Airport in the days prior and waited inside the aircraft for two hours before takeoff. The investigation also assessed whether the TopOwl 5.10 helmet, criticised in test reports for its inverted pitch and roll displays when pilots turn their heads, contributed to the crash. The helmet was described by Army test pilots as a 'substantial risk of multiple deaths', but the DFSB found it was 'very unlikely' to have caused the disorientation in this instance. 'While both AATES and Standards Section test and evaluation reports agreed that there were deficiencies relating to attitude presentation, the two agencies disagreed on the severity of the hazard,' the report states.
Perth Now
7 days ago
- Perth Now
Bombshell update after fatal Taipan crash
Commonwealth prosecutors will not lay charges against Defence after four soldiers died in a horrific army helicopter crash – even after a damning report identified serious issues related to night vision technology used by the soldiers and their fatigue. The bombshell update comes close to the two-year anniversary of the devastating incident, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Phillip Laycock and Corporal Alexander Naggs. All four were on board a MRH-90 Taipan helicopter, with the call sign Bushman 83, when it plunged into the waters off Queensland's Hamilton Island on July 28, 2023. At the time, the aircraft was flying in formation with three other helicopters during Exercise Talisman Sabre. Lieutenant Maxwell Nugent, Captain Danniel Lyon, Corporal Alex Naggs and Warrant Officer Class 2 Joseph Laycock died in a fatal helicopter crash off the Queensland coast in July 2023. Supplied Credit: News Corp Australia A report into the crash found both pilots were 'disoriented' for 21 seconds before losing control of the aircraft. Supplied Credit: Supplied Captain Lyon was piloting Bushman 83 alongside co-pilot Lieutenant Nugent when the pair became 'disoriented' for 21 seconds, losing control of the aircraft. He managed to avoid a mid-air collision by rolling the aircraft to the right – diverting it from the path of another helicopter, callsigned Bushman 82. Bushman 83 hit the water at 259km/h, killing everyone on board. A 228-page report by the Defence Flight Safety Bureau (DFSB) laid out the timeline of tragedy, attributing the primary cause of the crash to spatial disorientation. In late July 2023, Comcare – the national authority for work health and safety – began an investigation of potential health and safety offences relating to the crash. Their investigation focused on the Department of Defence's duties owed to workers 'under the Commonwealth Work Health and Safety Act 2011'. In a statement, a Comcare spokesman said investigators provided a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP). Comcare presented a brief of evidence to the Commonwealth Director of Public Prosecutions, but the organisation has advised the regulator there was insufficient evidence to commence a prosecution. Supplied Credit: News Corp Australia But any potential prosecution of alleged workplace health and safety breaches will not take place, according to the CDPP's latest advice to Comcare. The Comcare spokesman said the CDPP had advised the regulator in July that 'it did not consider there was sufficient evidence to commence a prosecution.' NewsWire has contacted the CDPP for comment. The news has outraged family members of the deceased soldiers, with Lieutenant Nugent's father Daniel saying it was a 'disgrace'. 'It's given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,' he told the ABC. All 46 recommendations made by the DFSB have been accepted by the Defence Aviation Authority. Dan Peled / NewsWire Credit: News Corp Australia The wreckage from the MRH-90 Taipan collected by boaties after the crash near Hamilton Island. 7News Credit: Supplied 'Is this how we treat people in our country?' The DFSB's report, released in May, outlined 196 findings, including indirect findings and observations, making 46 recommendation across the Defence Aviation Safety Program. It was one of the most complex investigations by the department in recent history. Cockpit audio of an exchange between Captain Lyon and Lieutenant Nugent sharing a brief exchange before the crash as Captain Lyon tried to navigate rain showers, losing visual contact with Bushman 82. As they attempted to regain sight of the aircraft, neither pilot noticed a critical change in Bushman 83's pitch, from nose-up to nose-down, as their helicopter climbed above the formation. Senior army representatives attending the commemoration service for the one year anniversary of the MRH90 Taipan incident at Swartz Barracks, Queensland. Supplied Credit: News Corp Australia The report states Captain Lyon pitched further, inadvertently pushing their aircraft into a fatal nose-down position. Investigators have determined Captain Lyon's last-second evasive manoeuvre likely saved four other lives by avoiding a mid-air collision with Bushman 82. The DFSB report found Captain Lyon and Lieutenant Nugent were fatigued at the time of flying, as they had been sleeping in tents at Proserpine Airport in the days prior and waited inside the aircraft for two hours before takeoff. The investigation also assessed whether the TopOwl 5.10 helmet, criticised in test reports for its inverted pitch and roll displays when pilots turn their heads, contributed to the crash. The helmet was described by Army test pilots as a 'substantial risk of multiple deaths', but the DFSB found it was 'very unlikely' to have caused the disorientation in this instance. 'While both AATES and Standards Section test and evaluation reports agreed that there were deficiencies relating to attitude presentation, the two agencies disagreed on the severity of the hazard,' the report states.
ABC News
7 days ago
- ABC News
Commonwealth prosecutors won't lay charges over fatal defence helicopter crash due to lack of evidence
Commonwealth prosecutors will not lay charges against defence over a helicopter crash which claimed the lives of four soldiers. That's despite the national work health and safety authority having found alleged breaches of workplace safety laws, the ABC understands. The tragedy, which occurred almost exactly two years ago to the day, claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Joseph "Phillip" Laycock and Corporal Alexander Naggs. Lieutenant Maxwell Nugent's father, Daniel Nugent, said it was a 'disgrace' that the decision came out so close to the anniversary. 'It's disgraceful. It's given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,' he told the ABC. 'Is this how we treat people in our country?' A family member of another of the fallen airmen told the ABC it was a 'devastating' development to learn less than a week away from the two-year anniversary of the incident. Another said they felt 'defeated and broken', and "they deserved better.' The four men were on board an MRH-90 Taipan helicopter during defence exercise Talisman Sabre on July 28, 2023, when their aircraft plummeted into the ocean in the Whitsunday region. Comcare, the national authority for work health and safety, had been investigating the incident since 2023 and referred its findings to the Commonwealth Director of Public Prosecutions (CDPP). The ABC understands Comcare identified two alleged breaches of the Workplace Health and Safety Act which related to fatigue and the controversial night vision devices the pilots were wearing. In a statement, a spokesperson for Comcare did not confirm details about what the investigation identified but said its inquiry 'focused on the Department of Defence's duties owed to workers under the Commonwealth Work Health and Safety Act 2011'. 'Comcare conducted a thorough investigation and provided a brief of evidence to the Commonwealth Director of Public Prosecutions," the spokesperson said. In a statement to the ABC, the CDPP, confirmed it had assessed a brief of evidence referred by Comcare in relation to the incident. "The CDPP has determined that there is presently insufficient evidence to commence a prosecution based upon the evidence within the brief that was referred to the CDPP," the statement said. Mr Nugent, a senior New South Wales police officer, said he felt as though there was sufficient evidence for the matter to go before a court, and said his family felt 'cheated and robbed' of that opportunity. 'Given the serious nature of this, it is in the public interest for the evidence to be tested in court.' 'Provide the families with a sense of justice in the independence of Comcare and the CDPP. That's my argument.' None of Lieutenant Nugent's remains were recovered from the crash site. Fatigue and the night vision visors have been at the centre of bombshell evidence that came to light during an independent inquiry into the crash. It heard the helmet-mounted visors, known as TopOwl 5.10s, had a tendency to display serious inconsistencies when compared with real readings which posed an 'unacceptable' risk to safety. During the inquiry, a retired MRH-90 test pilot broke ranks to raise his concerns about the technology, saying he was certain lives would be lost if defence continued to use the equipment. A sleep expert also told the inquiry the pilots were likely experiencing hazardous levels of fatigue due to burnout, disruptive work patterns and rough sleeping conditions. A family member of one of the deceased soldiers said they appreciated the hard work Comcare put into their investigation and were disappointed that the CDPP decided against laying charges. The investigation was one of several into the crash – some of which are still underway. The development comes two months after defence made public its internal investigation into the crash, which revealed that had the helicopter's pilot, Captain Danniel Lyon, not taken evasive manoeuvres as the aircraft was going down, it could have collided with a nearby aircraft. The Defence Flight Safety Bureau (DFSB) report made 196 findings and observations as well as 46 recommendations — all of which have been accepted by the Australian Defence Force (ADF). It concluded it was highly likely the crash was caused by unrecognised spatial disorientation suffered by at least one of the aircraft's pilots. "This refers to a situation where a pilot is unaware of their actual orientation in relation to the earth's surface and the surrounding environment," defence said in a statement. Hearings as part of a 15-month independent inquiry into the crash closed in May, with inquiry lead, former judge Margaret McMurdo now in the process of preparing a report with her findings and recommendations. An investigation by the Queensland coroner is ongoing. The ABC understands some family members of the men who died will ask the CDPP to review the decision. The ADF was contacted for commend but it did not respond by deadline. Talisman Sabre, which is a biennial war game and Australia's largest bilateral defence exercise with the US, is currently underway.
The Advertiser
7 days ago
- Health
- The Advertiser
'Not satisfied': ABC reporter denied compo for Ross River fever mozzie bite
An ABC reporter has been told she will not receive compensation after contracting Ross River fever from a mosquito she says bit her while she was covering floods for the public broadcaster The journalist, who has worked at the ABC nearly 30 years, says she was bitten by a disease-carrying mozzie while working at Coraki in northern NSW on February 14, 2020. But Comcare, the national workers' compensation authority, says Elloise Farrow-Smith was bitten later - when she was on long service leave. It's not disputed that she got the disease, which can cause painful, swollen joints, muscle pain, fevers, headaches, a rash, tiredness and swollen lymph nodes. But the Administrative Review Tribunal found Ms Farrow-Smith did not go to the doctor until April of the same year, a delay she says was because of COVID-19 lockdowns at the time. Meanwhile Comcare says the journalist didn't display symptoms until at least late March, making the offending bite more likely to have occurred later than she claimed. "I am not satisfied that the applicant is accurately describing her symptoms during March 2020," tribunal deputy president Damien O'Donovan said in his decision handed down on July 22. "In those circumstances, I am not satisfied that the applicant contracted Ross River fever as a result of a mosquito bite in February 2020." That meant she wasn't eligible for compensation under the Safety, Rehabilitation and Compensation Act, he said. Mr O'Donovan said he doubted Ms Farrow-Smith's contention that she could not remember being bitten by a mosquito between February 14 and April when she was diagnosed with Ross River fever. In her evidence, she said when she was filming in Coraki, which was hit by flooding at the time, she was swarmed by mosquitoes. "I felt mosquitos biting through my jacket on my shoulder blades and on the skin at the back of my neck, as well as biting my neck through clothing," she said. "The mosquito attack went on for about five minutes ... I felt very itchy as I drove back to the office." Ms Farrow-Smith worked for another fortnight, then started long service leave on February 28 when she says she felt unwell with aches and pains and went to a pharmacy and later to Yamba on holiday, where the tribunal concluded she may have been bitten again. "I am satisfied that the applicant was bitten on multiple occasions in the period from February 2020 to April 2020," Mr O'Donovan said in his decision. He said the ABC was concerned the reporter's delay in seeking medical advice "suggests that she may have in fact developed her symptoms later than 28 February 2020". Mr O'Donovan concluded: "In these circumstances, I am not satisfied that the applicant contracted the Ross River fever from which she suffers in mid-February 2020 as a result of a mosquito bite suffered while reporting for the ABC. "It is possible that that is what occurred, but I am not affirmatively satisfied that that is what occurred. "It is more likely, and more consistent with the independently verifiable facts, that the applicant suffered a mosquito bite in March 2020 while on long service leave and developed Ross River fever symptoms in early April following which, her condition gradually worsened." The application for compensation was heard by the Administrative Appeals Tribunal in May 2022 and its decision was appealed to the Federal Court which referred it to the Administrative Review Tribunal. The ABC has been embroiled in a long-running legal battle with journalist Antoinette Lattouf. In June Ms Lattouf was awarded $70,000 in damages after winning her unlawful termination case over her views on Gaza in the Federal Court. Taxpayers are facing a $2 million-plus bill for the public broadcaster's failed legal defence. An ABC reporter has been told she will not receive compensation after contracting Ross River fever from a mosquito she says bit her while she was covering floods for the public broadcaster The journalist, who has worked at the ABC nearly 30 years, says she was bitten by a disease-carrying mozzie while working at Coraki in northern NSW on February 14, 2020. But Comcare, the national workers' compensation authority, says Elloise Farrow-Smith was bitten later - when she was on long service leave. It's not disputed that she got the disease, which can cause painful, swollen joints, muscle pain, fevers, headaches, a rash, tiredness and swollen lymph nodes. But the Administrative Review Tribunal found Ms Farrow-Smith did not go to the doctor until April of the same year, a delay she says was because of COVID-19 lockdowns at the time. Meanwhile Comcare says the journalist didn't display symptoms until at least late March, making the offending bite more likely to have occurred later than she claimed. "I am not satisfied that the applicant is accurately describing her symptoms during March 2020," tribunal deputy president Damien O'Donovan said in his decision handed down on July 22. "In those circumstances, I am not satisfied that the applicant contracted Ross River fever as a result of a mosquito bite in February 2020." That meant she wasn't eligible for compensation under the Safety, Rehabilitation and Compensation Act, he said. Mr O'Donovan said he doubted Ms Farrow-Smith's contention that she could not remember being bitten by a mosquito between February 14 and April when she was diagnosed with Ross River fever. In her evidence, she said when she was filming in Coraki, which was hit by flooding at the time, she was swarmed by mosquitoes. "I felt mosquitos biting through my jacket on my shoulder blades and on the skin at the back of my neck, as well as biting my neck through clothing," she said. "The mosquito attack went on for about five minutes ... I felt very itchy as I drove back to the office." Ms Farrow-Smith worked for another fortnight, then started long service leave on February 28 when she says she felt unwell with aches and pains and went to a pharmacy and later to Yamba on holiday, where the tribunal concluded she may have been bitten again. "I am satisfied that the applicant was bitten on multiple occasions in the period from February 2020 to April 2020," Mr O'Donovan said in his decision. He said the ABC was concerned the reporter's delay in seeking medical advice "suggests that she may have in fact developed her symptoms later than 28 February 2020". Mr O'Donovan concluded: "In these circumstances, I am not satisfied that the applicant contracted the Ross River fever from which she suffers in mid-February 2020 as a result of a mosquito bite suffered while reporting for the ABC. "It is possible that that is what occurred, but I am not affirmatively satisfied that that is what occurred. "It is more likely, and more consistent with the independently verifiable facts, that the applicant suffered a mosquito bite in March 2020 while on long service leave and developed Ross River fever symptoms in early April following which, her condition gradually worsened." The application for compensation was heard by the Administrative Appeals Tribunal in May 2022 and its decision was appealed to the Federal Court which referred it to the Administrative Review Tribunal. The ABC has been embroiled in a long-running legal battle with journalist Antoinette Lattouf. In June Ms Lattouf was awarded $70,000 in damages after winning her unlawful termination case over her views on Gaza in the Federal Court. Taxpayers are facing a $2 million-plus bill for the public broadcaster's failed legal defence. An ABC reporter has been told she will not receive compensation after contracting Ross River fever from a mosquito she says bit her while she was covering floods for the public broadcaster The journalist, who has worked at the ABC nearly 30 years, says she was bitten by a disease-carrying mozzie while working at Coraki in northern NSW on February 14, 2020. But Comcare, the national workers' compensation authority, says Elloise Farrow-Smith was bitten later - when she was on long service leave. It's not disputed that she got the disease, which can cause painful, swollen joints, muscle pain, fevers, headaches, a rash, tiredness and swollen lymph nodes. But the Administrative Review Tribunal found Ms Farrow-Smith did not go to the doctor until April of the same year, a delay she says was because of COVID-19 lockdowns at the time. Meanwhile Comcare says the journalist didn't display symptoms until at least late March, making the offending bite more likely to have occurred later than she claimed. "I am not satisfied that the applicant is accurately describing her symptoms during March 2020," tribunal deputy president Damien O'Donovan said in his decision handed down on July 22. "In those circumstances, I am not satisfied that the applicant contracted Ross River fever as a result of a mosquito bite in February 2020." That meant she wasn't eligible for compensation under the Safety, Rehabilitation and Compensation Act, he said. Mr O'Donovan said he doubted Ms Farrow-Smith's contention that she could not remember being bitten by a mosquito between February 14 and April when she was diagnosed with Ross River fever. In her evidence, she said when she was filming in Coraki, which was hit by flooding at the time, she was swarmed by mosquitoes. "I felt mosquitos biting through my jacket on my shoulder blades and on the skin at the back of my neck, as well as biting my neck through clothing," she said. "The mosquito attack went on for about five minutes ... I felt very itchy as I drove back to the office." Ms Farrow-Smith worked for another fortnight, then started long service leave on February 28 when she says she felt unwell with aches and pains and went to a pharmacy and later to Yamba on holiday, where the tribunal concluded she may have been bitten again. "I am satisfied that the applicant was bitten on multiple occasions in the period from February 2020 to April 2020," Mr O'Donovan said in his decision. He said the ABC was concerned the reporter's delay in seeking medical advice "suggests that she may have in fact developed her symptoms later than 28 February 2020". Mr O'Donovan concluded: "In these circumstances, I am not satisfied that the applicant contracted the Ross River fever from which she suffers in mid-February 2020 as a result of a mosquito bite suffered while reporting for the ABC. "It is possible that that is what occurred, but I am not affirmatively satisfied that that is what occurred. "It is more likely, and more consistent with the independently verifiable facts, that the applicant suffered a mosquito bite in March 2020 while on long service leave and developed Ross River fever symptoms in early April following which, her condition gradually worsened." The application for compensation was heard by the Administrative Appeals Tribunal in May 2022 and its decision was appealed to the Federal Court which referred it to the Administrative Review Tribunal. The ABC has been embroiled in a long-running legal battle with journalist Antoinette Lattouf. In June Ms Lattouf was awarded $70,000 in damages after winning her unlawful termination case over her views on Gaza in the Federal Court. Taxpayers are facing a $2 million-plus bill for the public broadcaster's failed legal defence. An ABC reporter has been told she will not receive compensation after contracting Ross River fever from a mosquito she says bit her while she was covering floods for the public broadcaster The journalist, who has worked at the ABC nearly 30 years, says she was bitten by a disease-carrying mozzie while working at Coraki in northern NSW on February 14, 2020. But Comcare, the national workers' compensation authority, says Elloise Farrow-Smith was bitten later - when she was on long service leave. It's not disputed that she got the disease, which can cause painful, swollen joints, muscle pain, fevers, headaches, a rash, tiredness and swollen lymph nodes. But the Administrative Review Tribunal found Ms Farrow-Smith did not go to the doctor until April of the same year, a delay she says was because of COVID-19 lockdowns at the time. Meanwhile Comcare says the journalist didn't display symptoms until at least late March, making the offending bite more likely to have occurred later than she claimed. "I am not satisfied that the applicant is accurately describing her symptoms during March 2020," tribunal deputy president Damien O'Donovan said in his decision handed down on July 22. "In those circumstances, I am not satisfied that the applicant contracted Ross River fever as a result of a mosquito bite in February 2020." That meant she wasn't eligible for compensation under the Safety, Rehabilitation and Compensation Act, he said. Mr O'Donovan said he doubted Ms Farrow-Smith's contention that she could not remember being bitten by a mosquito between February 14 and April when she was diagnosed with Ross River fever. In her evidence, she said when she was filming in Coraki, which was hit by flooding at the time, she was swarmed by mosquitoes. "I felt mosquitos biting through my jacket on my shoulder blades and on the skin at the back of my neck, as well as biting my neck through clothing," she said. "The mosquito attack went on for about five minutes ... I felt very itchy as I drove back to the office." Ms Farrow-Smith worked for another fortnight, then started long service leave on February 28 when she says she felt unwell with aches and pains and went to a pharmacy and later to Yamba on holiday, where the tribunal concluded she may have been bitten again. "I am satisfied that the applicant was bitten on multiple occasions in the period from February 2020 to April 2020," Mr O'Donovan said in his decision. He said the ABC was concerned the reporter's delay in seeking medical advice "suggests that she may have in fact developed her symptoms later than 28 February 2020". Mr O'Donovan concluded: "In these circumstances, I am not satisfied that the applicant contracted the Ross River fever from which she suffers in mid-February 2020 as a result of a mosquito bite suffered while reporting for the ABC. "It is possible that that is what occurred, but I am not affirmatively satisfied that that is what occurred. "It is more likely, and more consistent with the independently verifiable facts, that the applicant suffered a mosquito bite in March 2020 while on long service leave and developed Ross River fever symptoms in early April following which, her condition gradually worsened." The application for compensation was heard by the Administrative Appeals Tribunal in May 2022 and its decision was appealed to the Federal Court which referred it to the Administrative Review Tribunal. The ABC has been embroiled in a long-running legal battle with journalist Antoinette Lattouf. In June Ms Lattouf was awarded $70,000 in damages after winning her unlawful termination case over her views on Gaza in the Federal Court. Taxpayers are facing a $2 million-plus bill for the public broadcaster's failed legal defence.
