Law is sometimes a solution in search of a problem.
On 11 June 2023, a coach transporting 35 wedding guests in the NSW Hunter Valley travelled too fast through a roundabout and rolled onto its side.
10 passengers died and there were significant physical and psychological injuries to the remaining 25.
An investigation into the accident found that the driver, Brett Andrew Button was driving under the influence of the opioid painkiller Tramadol which might have impacted on his driving and was driving at an excessive speed.
Mr Button was sentenced to 32 years in prison with a non-parole period of 24 years. An appeal against the sentence was unsuccessful.
The OTSI Investigation and Its Recommendation
- Seatbelt awareness, compliance and enforcement;
- Driver health and fitness to drive including medications;
- Road design;
- Occupant protection and emergency access and egress;
- Emergency information;
- Driver performance and oversight;
- Driver training;
- Event recording and crash detection;
- Broader inclusion of bus safety within the NSW road safety action plan.
Penalties for the Bus Operator and Its Directors
In August 2026, the operating company, Linq Buslines (now defunct) was fined $650,000, and two of its directors were convicted and fined $12,000 each for failing to properly vet and supervise a drug-affected driver.
Judge Kirralee Perry of the Gosford Local Court is quoted[2] as saying “(Button) had previously been employed by another company and had been stood down after they received a doctor’s report that he had developed an opioid dependency…There needs to be a higher level of due diligence when recruiting drivers of heavy vehicles”.
Key Findings From the OTSI Report
The OTSI report relevantly found:
- Examination of the log books, work diary and vehicle movement records did not identify fatigue as a likely contributing factor;
- Mr Button resigned from his former employer, ComfortDelGro (CDC), in the context of a workers’ compensation claim for a musculoskeletal problem while his medical fitness was being assessed. It was in the course of this statutory claim that his opioid dependency for Tramadol was identified;
- Mr Button had 27 customer complaints to CDC regarding his driving between 2016 and 2022;
- The information regarding his customer complaints and Tramadol usage was not communicated by CDC to Linq due to privacy concerns. Linq conducted an informal reference check by text with an individual that worked at CDC who suggested the driver would do their best and if it didn’t work the driver could be let go;
- Mr Button had had no complaints about his driving at Linq prior to the accident;
- Mr Button was appropriately licensed to drive the Linq Bus, having undergone commercial fitness to drive health assessments by the same GP in 2016, 2019, 2021 and 2022;
- Linq Buslines had a drug and alcohol testing program which included pre-employment medicals and routine random drug and alcohol testing through urine samples. Mr Button was randomly tested on 6 February 2023 and the test results were negative, but Mr Button acknowledged he was taking Tramadol.
- Blood testing after the accident identified that Mr Button had most likely taken an excessive amount of Tramadol on the day.
- While opiates were able to be detected in the Australian drug testing standard for urine testing, some opioids, including tramadol, were unable to be detected. ‘Monitoring of the prescription habits and adherence to the prescribed amounts could only be done through self-declaration or by in depth biological monitoring which was not done during the operator’s routine testing procedures’.
Class Action Against Transport for NSW
A class action for negligence has been brought by the survivors and those affected against Transport for New South Wales, and has added the driver and coach company as defendants[3].
A Harsh Outcome for the Employer?
For an employer who:
- had received no complaints about a driver;
- had the driver pass a drug test;
- had ensured the driver was appropriately licensed; and
- who contacted his previous employer informally for a reference;
it seems incongruous that they should be fined $650,000 and its directors convicted.
Lessons for the Heavy Vehicle Industry
The incident itself and its sequelae stand as a stark reminder to those involved in the Heavy Vehicle Industry of the diligence the courts can expect of employers.
No doubt more information will be forthcoming.
Contact us
If you need legal advice regarding your obligations as an employer in the heavy vehicle industry, including driver recruitment, reference checks, drug and alcohol testing, or broader workplace health and safety and employment law matters, please contact our Employment Lawyers on (07) 4637 6300.
