ADF fined for cadet peanut allergy death

The Age
Michelle Draper
June 30, 2009

Brian and Jessica Francis did everything they could to ensure teachers knew
of their son's severe peanut allergy before he embarked on his first cadet
camp.

But despite a written letter stating his medical condition, on the first day of
the camp on March 29, 2007, Nathan Francis ate a beef satay meal containing
peanuts from an army ration pack.

Within half an hour the 13-year-old was unconscious.

Later that afternoon, Nathan arrived at the Royal Children's Hospital by
air ambulance helicopter, but it was too late. He was pronounced dead on
arrival.

The Federal Court of Australia on Tuesday ordered the Australian Defence
Force (ADF) to pay a $210,100 penalty over Nathan's death.

The court found the ADF had breached the Occupational Health and Safety
Act by failing in its duty to take all reasonably practical steps to protect the
health and safety of its cadets.

The breach carries a maximum penalty of $242,000.
Outside court, Mr and Ms Francis, who are expecting another child, said they
were still deeply affected by their son's death.

"His death haunts us every single day of our lives," Mr Francis said.
"We're going to become parents again shortly and our family is all the poorer
for not having Nathan with us," he said with his arm around his wife, who had
tears running down her cheeks.

The parents' ordeal is not over yet.

Justice Tony North, who described the case as "every parent's worse nightmare,
" strongly recommended the Victorian Coroner investigate the circumstances
surrounding Nathan's death so the role of Nathan's school, the prestigious
Scotch College, could be examined.

Although it was an Australian Defence Force program, Scotch College staff
were running the cadet camp.

Mr and Ms Francis, who have another son at Scotch College, agreed the
school's role needed to be investigated.

"Food allergies are something which are easily managed and avoidable
and in these circumstances we would ask the Victorian Coroner to also
consider the involvements of Scotch College," Mr Francis said.

"While the army has been fined, they're paying the fine from one part of the
government to another part of the government, which in itself has given us
no satisfaction."

Justice North was also unhappy with the outcome under the Act, which
essentially means one federal government agency, the ADF, pays another,
Comcare.

Comcare, the Commonwealth occupational health and safety authority,
launched action in the Federal Court against the ADF last June.

Justice North recommended consideration be given to changing the law,
which did not serve the purpose of deterring the wrongdoer in this case
because the penalty was essentially paid to the perpetrator.

Slater & Gordon lawyer Barrie Woollacott said the family would wait for
the coroner's findings before deciding whether to launch any action for
compensation.

"I think the family just wants some answers. Whether there's some action
after that is a matter we'll consider once the coroner has handed down their
findings," he said.

In a statement, the ADF said it had conducted a comprehensive investigation
into rations given to cadets and made improvements in the way allergies
were managed.

It said the department "deeply regrets" Nathan's death.
Meanwhile, the army has been given one year to comply with a written
undertaking over another breach of the Act, after six boys on the same
cadet camp as Nathan were lost for 18 hours in the bush without radios.