Fines imposed on Australian operator Perth Diving Academy Hillarys along with government findings following an investigation into a diver boat-separation incident last year have been made public.
The move follows a Freedom Of Information (FOI) request by the legal representative for the two divers left behind by the dive-boat – and they are now seeking compensation for their 15-minute experience, which lawyer John Hammond has described as “clearly an issue of negligence”.
The Australian Maritime Safety Authority (AMSA) investigated the incident that occurred on 2 March, 2025. The local divers, brothers Ian Kensington and Ryan Chaudhry, had been left behind by the 12m dive-boat Wildcat during a Perth Diving Academy trip out fof Hillarys harbour, Perth in Western Australia.
The men were spotted by a passing Rottnest Island fast ferry and rescued, though at 15 minutes the period of separation appears to have been much shorter than was reported at the time by media outlets including Divernet. Initial reports of several hours around the time of the incident were later reduced to estimates of 40-60min.
As a result of the FOI request it has now emerged that last June AMSA issued five infringement notices to Perth Diving Academy under the Maritime Safety Act for multiple regulatory breaches.
These included failure to take reasonable care for the safety of persons on board and operating the Wildcat catamaran without a valid certificate of operation, resulting in fines of almost AU $20,000 (more than £10,000).
Within a week of the incident AMSA had issued a prohibition notice barring Wildcat from operating until the company had addressed safety-management deficiencies and improved procedures for crew-training and passenger accountability. That notice had been terminated in May after these issues were considered to have been addressed.
Western Australia’s premier Roger Cook has welcomed the public announcement of the enforcement action, noting that safety standards are essential in adventure tourism.
‘Physical and psychological effects’
Kensington and Chaudhry had been out with 15 others at Marmion Marine Park some 4km off the coast on an unguided morning dive when they heard the boat-engines start and realised that the catamaran was leaving the site without them.
The Wildcat crew were reported to have taken 10 minutes to notice their divers’ absence, and the pair had said they had thought they were going to die. Reporting feeling vulnerable to shark activity after the boat departed, they said they had activated their ankle-worn shark-deterrent devices and ditched all non-essential equipment.
The ferry crew had contacted the dive-boat, and Kensington had been taken on board the ferry, reportedly banging his head several times in the process. Chaudhry, who had trouble climbing onboard, was eventually picked up by the arriving Wildcat.
The AMSA report noted that the separation, resulting from an “administrative oversight” by a crew-member, had caused “ongoing physical and psychological effects on one of the divers particularly”.
Ian Kensington told ABC that he and his brother had been “left with injuries and trauma amid multiple breaches of duty of care and serious safety failures, with no apology, accountability or lessons learned.”
“AMSA’s decision to withhold the investigation from public view only deepens the sense of betrayal and erodes public trust,” he said, while Hammond dismissed the fines as “like being hit with a feather”.
Fifteen minutes to the dive site.
Fifteen minutes back out.
Fifteen minutes conducting the rescue.
That is already 45 minutes.
Then another fifteen minutes returning to the harbour.
We are at 60 minutes total.
The dive itself was only about 20 to 25 minutes within a planned 45 minute window.
The reporting on the timing is inaccurate and feels a bit click-baity.
The ferry advised Wildcat that two divers had been located only after the emergency radio call, and after they had re-entered the marina.
ABC News, which reported on the initial incident and on the recent FOI disclosure, states in its latest report today: “The pair said they thought they were going to die, and were rescued by a ferry 15 minutes after being left behind. They were about 4 kilometres from shore and had been diving for 45 minutes before being left behind.”