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Title page 1

Contents 4

Members 3

Abbreviations 7

List of recommendations 9

Chapter 1. Introduction 12

Referral of the inquiry and terms of reference 12

Conduct of the inquiry 12

Note on references 12

Acknowledgement 12

The MRH-90 fatal incident 13

Background on the MRH-90 project 14

Project of Concern 16

ANAO audit report on the MRH-90 project 17

ANAO audit reports on Defence's T&E processes 18

Structure of the report 21

Chapter 2. Regulatory context 23

Defence Aviation Safety Framework 23

Defence Aviation Safety Regulation 24

Defence Aviation Safety Authority 27

Army Aviation Test and Evaluation Section 29

Work Health and Safety Legislation and Airworthiness Codes 30

Chapter 3. Inquiry findings 32

Defence Flight Safety Bureau 33

Role of DFSB 33

DFSB investigation of the incident 34

Comcare 36

Role of Comcare 36

Limitation period in the WHS Act 37

Comcare's investigation into the MRH-90 incident 38

Other action to be undertaken by Comcare 39

Office of the Director of Public Prosecutions 40

Role of the CDPP 40

Prosecution decision in relation to the incident 40

Scope for future prosecutions 41

Inspector-General of the Australian Defence Force 42

Queensland Coroner 43

How coronial investigations operate 43

Chapter 4. Army's regulatory compliance 45

History of safety issues in the MRH-90 45

Army Aviation compliance with the Defence Aviation Safety Regulation 47

AATES testing of TopOwl HMSD v5.10 49

OPEVAL testing of HMSD v5.10 51

Aircrew's awareness of the deficiencies 55

Class action 56

Integrity of the DFSB investigation 56

Possible conflict of interest 56

Contestation around the findings 59

Army Aviation's management of fatigue 62

DFSB and Comcare findings on fatigue 62

Reports of fatigue from the families 63

Defence on fatigue management 65

Chapter 5. Army's culture and bereavement support 67

Risk and safety culture in Army Aviation 67

A history of setting aside safety concerns 68

Army Aviation's culture 71

Culture compared to Air Force and Navy 72

Obfuscation and accountability 73

Defence's actions since the incident 75

Death and bereavement support for serving members' families 77

Notification of death 78

Pressure to make critical decisions in grief 79

Remembrance and memorialisation 81

Chapter 6. Committee view and recommendations 84

Army Aviation's regulatory compliance and safety culture 85

Management of fatigue 89

Building a safety culture 90

Structural change 91

Defence Flight Safety Bureau investigation and findings 92

Death and bereavement support for families of ADF personnel 94

Senator Jacqui Lambie's additional comments 97

Appendix 1. Submissions and additional information 103

Appendix 2. Public hearings and witnesses 105

Tables 32

Table 3.1. Timeline of investigations 32

Figures 25

Figure 2.1. Defence Aviation Safety Regulation 25