Dive Company Fined Nearly $20,000 After Divers Stranded at Sea
Perth Dive Company Penalized by AMSA
A Perth dive company, Perth Diving Academy Hillarys (PDA), has been fined nearly $20,000 by the Australian Maritime Safety Authority (AMSA) after two divers were left stranded at sea. The incident occurred in March of the previous year during an expedition approximately 4 kilometers from the coast.
Brothers Ian Kensington and Ryan Chaudhry were participating in a dive tour when their chartered boat, Wildcat, returned to shore without them, leaving them behind after 45 minutes in the water.
Investigation Reveals Safety Breaches
The two divers were fortunately rescued by a passing ferry about 15 minutes after being left behind. Following the incident, AMSA issued five fines to PDA in June of the previous year for violations of the Maritime Safety Act. These fines became public knowledge after a Freedom of Information request by the brothers' lawyer.
AMSA's investigation found that the diving academy failed to exercise reasonable care for the safety of individuals on board and for the operation of its vessels and marine safety equipment. It was also discovered that the Wildcat had been operating without a valid certificate. Disturbingly, the crew reportedly took 10 minutes to recognize that the two divers were not on board.
Company's Operational Deficiencies Addressed
Following the incident, PDA received a prohibition notice ordering it to cease operating the Wildcat until its safety management system was reviewed and improved. This review specifically included addressing crew training and procedures for managing passenger numbers. The prohibition notice was subsequently lifted in May.
Further findings from the AMSA investigation indicated deficiencies in the boat's safety management system, with no evidence of effective risk assessments being conducted. AMSA characterized the breach as an administrative oversight by a crew member who realized the situation shortly after the vessel departed the dive location and initiated a response to retrieve the divers.
Divers Seek Compensation Amid "Trauma"
Ian Kensington stated that he and his brother experienced "injuries and trauma amid multiple breaches of duty of care and serious safety failures," and noted a concerning lack of apology or accountability from the company. The brothers' lawyer, John Hammond, expressed that the fines were insufficient given the ongoing physical and psychological effects on the divers, who have been receiving medical treatment.
Mr. Hammond also highlighted significant concerns regarding the lack of risk assessment, especially for a company teaching open ocean diving. He confirmed that the brothers are currently seeking compensation. Western Australian Premier Roger Cook acknowledged the importance of safety in adventure tourism and expressed satisfaction that the company was held accountable. PDA owner Troy Lane declined to comment on the matter.