NSW skydiving operator fined after instructor and student killed in hang-up accident

What began as a routine skydiving adventure ended in tragedy, as a court was told of the desperate and ultimately futile attempts to save two men. Goulburn Flight Training Centre and sole director Attilio Giovanni Ferrara have been heavily fined after two men died when their equipment became snagged on a modified step on a light aircraft during takeoff. They were sentenced in the NSW District Court on Friday after being found guilty of workplace health and safety breaches. The fatal incident unfolded on June 27, 2021, at the Goulburn Drop Zone in southern NSW when experienced instructor Stephen Hoare and student Alex “Alby” Welling were preparing for a tandem jump from a Cessna 182. As they moved towards the aircraft door, a GoPro camera captured a moment of smiles and apparent excitement. But seconds later, their harnesses became caught on a fabricated metal step fitted to the aircraft, sending both men into a violent mid-air hang-up. The aircraft had been fitted with a custom-made step described in evidence as a “slip-joint” design. While intended to assist skydivers during exit, it created a hazardous gap and angle combination that the court found formed a clear entanglement risk, with Justice Andrew Scotting describing it as an “obvious and dangerous snag hazard”. The court found that once trapped, the force of gravity made escape extremely difficult, effectively locking the pair to the aircraft. Despite evidence that engineering approval was required before the modified aircraft could be used, the court found no adequate steps were taken to prevent it from flying on the day of the jump. Once the hang-up occurred, Mr Hoare and Mr Welling were left suspended beneath the aircraft as it flew at altitude. The pilot and chief instructor, James Czerwinski, launched a series of desperate rescue attempts after the skydivers became snagged. He briefly left the controls mid-flight to try to reach and cut them free with an emergency hook knife but lost control of the Cessna and was forced to return to the cockpit. He then co-ordinated a risky ground rescue, directing a 4WD to drive along the runway while he flew low in an attempt to bring the aircraft close enough for the men to be grabbed. After three unsuccessful passes, he climbed to a higher altitude, but at about 100m above the ground the men broke free and fell, with the reserve parachute failing to deploy in time, resulting in their deaths. The court was told the risk of “hang-ups” was well known in the skydiving industry and clearly documented in safety materials, with Justice Scotting finding the tragedy could have been avoided through basic precautions such as securing the aircraft and enforcing mandatory safety checks. Mr Ferrara, who was heavily involved in day-to-day operations at the airport, was found to have failed in his duty to ensure the aircraft was not used without proper authorisation and that safety procedures were properly implemented. In evidence, the court was told Mr Ferrara had knowledge that the aircraft required engineering approval before being flown but did not take sufficient steps to ground the plane or enforce compliance. The court said even minimal action, such as restricting access to the aircraft, could have prevented the tragedy. The company and Mr Ferrara were fined $50,000 and $75,000 per offence for a total of $250,000. The court also ordered that 90 per cent of prosecution costs be paid and 50 per cent of fines be directed to the prosecutor. Following the incident, the skydiving operation largely ceased and later introduced revised safety measures, including removal of similar steps from aircraft and stricter equipment checks. Mr Ferrara expressed remorse in court and apologised for the failures, while the company acknowledged the convictions and outlined operational changes made since the accident. The court also made broader safety recommendations, urging improved communication of regulatory requirements and closer co-ordination between SafeWork NSW and aviation authorities to prevent similar incidents in the future. Victim impact statements described profound and lasting grief. The court was told of families struggling with the sudden loss, including Mr Welling’s father, who recalled his son’s final moments of joy in a social media post showing him “laughing and looking forward to the tandem skydives”. His father also described the “precious shared experiences” they had together that he had now tragically lost. Justice Scotting observed that a photo of Mr Hoare “perfectly depicted a young man who loved life and brought joy to his family and friends”. “The Hoare family impressed me as being exceptionally close and that has made the loss of Mr Hoare all the more difficult to bear,” Justice Scotting said. Highlighting the families’ response to the tragedy, the judge said the Hoare family “displayed compassion” for Mr Ferrara and Mr Czerwinski that “reflects a deep generosity of spirit within the family”. The judge also noted that Mr Welling’s father told the court that he did not hold any ill will towards Mr Ferrara and was “not interested in retribution”. “This speaks of a wisdom and kindness that is rare to find,” Justice Scotting said.