A Perth dive company that left two brothers stranded at sea during a diving expedition in March last year has been fined almost $20,000.
Ian Kensington and Ryan Chaudhry were on a Perth Diving Academy Hillarys (PDA) expedition with 15 other divers off the coast of Perth when their chartered boat, Wildcat, returned to shore without them.
The pair said they thought they were going to die, and were rescued by a ferry 15 minutes after being left behind.
They were about 4 kilometres from shore and had been diving for 45 minutes before being left behind.
PDA received five separate fines from the Australian Maritime Safety Authority (AMSA) in June last year for breaching the Maritime Safety Act.
The fines only came to light after a Freedom of Information request by the brothers’ lawyer, John Hammond.
Ian Kensington and Ryan Chaudhry had been taking part in a tour operated by Perth Diving Academy. (ABC News: Dominic Briggs)
The diving academy failed to take reasonable care of the safety of people on board as well as its vessels, marine safety equipment and operation, according to the infringement notices.
No valid boat operation permit
During the investigation, the AMSA discovered the diving company had been operating the Wildcat without a valid operation certificate.
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The report found it took the crew on board 10 minutes to realise the two divers had been left behind.
While the boat was returning to the dive site, a passing ferry alerted Wildcat that it had discovered the brothers, the report said.
Mr Kensington boarded the ferry, and Mr Chaudhry was eventually picked up by the chartered boat.
A week later, the company was issued a prohibition notice ordering it not to operate Wildcat until adequate action was taken “to remove the risk to the safety of persons or serious risk to the environment and review and improve the vessel’s safety management system”.
Ryan Chaudhry was at sea waiting to be rescued. (Supplied)
Those improvements included addressing crew training and procedures for managing passenger numbers, the notice said.
The prohibition notice was terminated in May.
More findings surface
The AMSA investigation also found deficiencies in the boat’s safety management system, with no evidence effective risk assessments had been conducted.
The authority says the breach was an administrative oversight by the crew on Wildcat. (ABC News: Julian Robins)
Noting the incident had “resulted in ongoing physical and psychological effects on one of the divers particularly”, the report said the breach was an administrative oversight by the crew member.
It found the staff member realised what had happened shortly after the vessel left the dive location and immediately responded to retrieve the divers.
Divers left behind off Perth coast
In a statement, Ian Kensington said he and his brother had been “left with injuries and trauma amid multiple breaches of duty of care and serious safety failures, with no apology, accountability, or lessons learned.”
“AMSA’s decision to withhold the investigation from public view only deepens the sense of betrayal and erodes public trust,” he said.
“The true heroes, Rottnest Fast Ferries, demonstrated how professional mariners act when lives are at risk. Lives are not negotiable.”
‘Fines not enough’
Mr Hammond said the fines were “like being hit with a feather”.
“Two people could have died. They’re still suffering from the accident,” he said.
“They have both been receiving medical treatment, particularly on a psychological level.”
He said the deficiencies in risk assessment were concerning.
“That’s very serious when you’re talking about a company that is teaching people how to dive in the open ocean, and not taking account of the numbers that got back on board,” he said.
John Hammond says the fines are inadequate given the brothers are still suffering from the incident. (ABC News: Dominic Briggs)
“It’s straight out of a Netflix movie.”
Mr Hammond said the brothers were seeking compensation.
WA Premier Roger Cook said he was happy to hear about the fine.
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“These tourism operators in the adventure tourism market play an important role as part of our economy and as part of our vibrant tourism product, but they have to do it safely,” he said.
“I’m so pleased those gentlemen were safe, but I’m also very pleased that the company has been held to account.”
PDA owner Troy Lane declined to comment.
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