NSW Skydiving Operator and Director Hit with $250k WHS Penalties

Goulburn Flight Training Centre Pty Ltd and its sole director, Attilio Giovanni (John) Ferrara, have been convicted in the District Court of New South Wales and fined a total of $250,000 following a fatal skydiving incident on 27 June 2021 in which two people lost their lives.

The company was fined $100,000 and Mr Ferrara $150,000 after a prosecution brought by SafeWork NSW. Both the business and the director had initially pleaded not guilty to charges laid under the Work Health and Safety Act 2011.

Goulburn Flight Training Centre Pty Ltd faced two charges under section 32 of the Act for failing to comply with its primary health and safety duties under section 19. These duties relate to ensuring, so far as is reasonably practicable, the health and safety of workers and other persons who may be put at risk from the business's operations.

Mr Ferrara was separately charged with two offences under section 32 for failing to comply with his due diligence obligations as an officer of the business under section 27 of the Act. Officers are required to ensure their organisation has appropriate WHS management systems, resources and processes in place to manage risks, particularly in high‑risk activities such as aviation and skydiving.

Following a defended hearing, the Court found both the company and Mr Ferrara guilty on all counts. The matter highlights the legal expectation that PCBUs and officers systematically identify hazards, implement controls and verify that safe systems of work are being followed in practice. For many businesses, this includes documented WHS policies and procedures, and where relevant, Safe Work Method Statements (SWMS) for high‑risk work. Resources to support this, including WHS management systems and SWMS templates, are available from specialist providers such as Bluesafe Online and Bluesafe SWMS.

The full judgment in relation to Goulburn Flight Training Centre Pty Ltd and Mr Ferrara is available on the NSW Caselaw website. Both parties retain the right to appeal their convictions and sentences.

SafeWork NSW has reiterated that workers who have concerns about health and safety in their workplace can raise issues anonymously by calling 13 10 50 or by lodging a report through the Speak Up Save Lives online service.

SafeWork Commissioner Janet Schorer said the case reinforces the need for rigorous safety controls in high‑risk industries. She noted that the tragic incident serves as a reminder of the importance of thoroughly completing all safety checks when conducting high‑risk activities such as skydiving, and extended her condolences to the families of the two people who died.

This outcome reinforces that regulators and the courts expect proactive WHS risk management, clear safety policies and strict operational discipline whenever workers and members of the public may be exposed to significant hazards.