The Defence Department has been fined $1 million over the death of a junior soldier who was fatally shot in a military training exercise near Darwin more than four years ago.
The department had previously admitted and apologised for workplace safety failings in the live-fire exercise in which 25-year-old Private Jason Challis was killed at the Mount Bundey training facility in May 2017.
The department pleaded guilty earlier this year to a charge of exposing a worker to death or injury, which carries a maximum penalty of $1.5 million.
Judge Elisabeth Armitage said the department had failed to ensure its safety policies were followed despite previously promising to put in place compliance mechanisms such as audits and checklists.
"This offence was not an isolated failure nor an uncharacteristic aberration," Judge Armitage said.
"The department was acutely aware of the risks of these exercises, and following other investigations had previously committed to ensuring compliance with its safety policies."
Private Challis's battalion was conducting an attack scenario in a mock village setting at the training facility when he became separated from the group.
He was shot in the leg and head while crouched in the line of fire behind a plywood building containing a target.
Judge Armitage said the department had failed to conduct an exercise risk assessment, adequately brief the relatively inexperienced participants, and mark dangerous spaces on the training ground, as required.
She said Defence bore a high degree of culpability for Private Challis's death, because of "disturbing similarities" to failings in a previous fatal incident and a near miss.
"The department intends to continue to train its members using complex live-fire exercises — accordingly, soldiers' lives remain at risk," she said.
"The department must actually learn from its previous mistakes and ensure that its safety requirements are fully implemented."
She said the maximum penalty she would have imposed had been reduced because of the department's guilty plea, cooperation and offer of reparations to Private Challis's family.
She made an order for financial compensation for Private Challis' family, with details of the payment suppressed.
'Systemic failings' contributed to death: Judge
The department has previously conceded Private Challis's death was avoidable and live-fire training exercises remain suspended.
But Judge Armitage rejected the department's argument that individual non-compliance with policies had led to Private Challis's death, instead saying there had been "systemic failings".
"The policies that were said to be in place did not operate effectively because there was no mechanism to ensure they were complied with before live-firing commenced," she said.
She said the department had owed a "particularly acute" duty to inexperienced soldiers like Private Challis who were obliged to participate in dangerous training exercises.
The family of Private Challis watched the proceedings via video-link and issued a statement saying they were happy with the outcome.
"Nothing will ever bring our son back," Private Challis's mother and stepfather, Helen and Mirko Brandich, said.
Federal workplace safety agency ComCare said the $1 million penalty is the largest ever recorded under Commonwealth work health and safety laws.
