The Australian Defence Force has been fined $220,000 after a man was fatally shot during a training exercise.

The Federal Court has found Defence breached the former federal Occupational Health and Safety Act 1991 by not providing proper supervision and failing to take steps to ensure a safe and risk-free working environment.

The Court heard that the soldier died from a gunshot to the head during a live ammunition exercise at the Cultana Training Area near Whyalla in South Australia’s mid-north in 2009.

The 30-year-old victim was at the night-time training session in preparation for a deployment in Afghanistan in 2010.

A second soldier was hit by three rounds – two on his helmet and the third deflecting off his rifle and into his left arm – leaving him wounded.

The investigation revealed that the two soldiers were hiding behind a penetrable wall while other soldiers firing could not see that they were shooting their comrades.

Justice Lindsay Foster found that no system was in place to evaluate the effectiveness of safety procedures, inadequate safety manual for the exercise was inadequate and safety personnel were not briefed appropriately.

Justice Foster acknowledged that Defence took “serious and considered steps” following the event to minimise future risk to soldiers.

“However, I cannot ignore the catastrophic consequences of the Commonwealth’s neglect,” Justice Foster said.

“Nor can I ignore the fact that the contravention was nonetheless serious.”

The case was brought by Comcare, whose CEO Jennifer Taylor said highlighted the importance of taking every practicable step to ensure workplace safety.

“This is particularly important for work that is inherently dangerous, as is the case with many tasks performed by Defence personnel,” Taylor said.