Comcare had submitted cases to the Commonwealth Director of Public Prosecutions, urging action against the Australian Defence Force for inadequate fatigue management among its personnel and for deploying a problematic advanced helmet technology for pilots.

However, the families of Captain Danniel Lyon, Lieutenant Max Nugent, Warrant Officer Phil Laycock, and Corporal Alex Naggs have been informed that the CDPP will not proceed with a case, citing a lack of sufficient likelihood of success.

“We know fatigue was a contributing factor, and we are aware that training issues also played a role. When considering all these elements, it’s hard to accept an explanation that makes sense to the families regarding why there won’t be a prosecution and why no one will be held accountable. I just don’t understand it.”

The ADF said the 2023 Taipan accident was subject to three ongoing investigations and inquiries, and that Defence had “not been formally notified that any of these investigations have concluded”.

“Defence is unreservedly committed to supporting the conduct of thorough and independent investigations to determine what happened and to identify actions to be taken to prevent aviation accidents and incidents,” the ADF said in a statement.