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Introduction
A Cairns-based reef tourism operator has been fined $60,000 for failing to adequately respond when a snorkeller went missing on one of its tours. The penalty was handed down after British tourist Cameron Shaw, 25, died during a trip to Saxon Reef in 2022.
Details of the Incident
Mr Shaw was on board the Reef Experience vessel with friends on October 24, 2022. After completing an introductory dive, he began snorkelling in a supervised area. When the group was called back to the boat, his friends twice told crew he was missing.
The court heard that despite multiple alerts, staff made no immediate search effort. During lunch, crew were told Shaw’s body had been recovered by a nearby private vessel. His death was later attributed to natural causes.
Prosecutors argued the company’s lack of procedures for missing snorkellers exposed all passengers to risk. Mr Shaw’s body drifted around one kilometre in 40 minutes.
Court Proceedings
Hostel Reef Trips Pty Ltd pleaded guilty in the Cairns Magistrates Court to a category 2 offence of breaching workplace health and safety obligations. Prosecutor Tom Ward clarified that the charge did not relate to causing Mr Shaw’s death, but to the operator’s failure to implement adequate search protocols.
Magistrate James Morton described the case as one of “general deterrence,” stressing that Great Barrier Reef operators have a duty to maintain strict safety systems. While acknowledging the company’s remorse and policy updates, he said:
“All passengers on that day were exposed to risk, which only became apparent after Mr Shaw’s death.”
The company was fined $60,000 and ordered to pay court costs and additional fees. No conviction was recorded.
Company Response
The operator’s lawyer, Brydie Bilic, said the incident was “an honest error” and not a deliberate disregard for safety. The company has since revised its safety manual to include specific triggers for missing snorkeller searches, though the industry code still lacks explicit requirements.
Family Impact
Mr Shaw’s parents watched the sentencing via video link from the UK. Magistrate Morton noted the profound harm caused to the family:
“No amount of money or outcome will replace their son. A young person has lost his life on a day he should’ve been enjoying himself.”
Conclusion
The case highlights ongoing gaps in the regulation of snorkelling safety procedures on the Great Barrier Reef. While Mr Shaw’s death was attributed to natural causes, the operator’s failure to act promptly when he was reported missing exposed systemic risks. The ruling serves as a warning to other reef tourism businesses to ensure rigorous safety measures are in place.