The Department of Defence is facing legal action for alleged violations of federal workplace health and safety laws.

Charges have been laid following a tragic incident in North Queensland involving an Australian Army vehicle. The crash, which occurred during a training exercise in 2021, resulted in the loss of two soldiers' lives.

Craftsman Brendon Payne, aged 29, and Warrant Officer Class 2 Ryan Leslie, aged 40, were operating a heavy recovery vehicle during the training exercise known as Diamond Dagger when their truck rolled on an unsealed road near the Townsville Field Training Area.

Comcare, the national work health and safety authority, conducted an investigation that led to the Commonwealth Director of Public Prosecutions filing a single criminal charge against the Department of Defence. 

The charge alleges that the department failed in its duties under the Work Health and Safety Act 2011.

The accusation specifically points to the department's failure to ensure the health and safety of its workers. 

It includes allegations of inadequate information, training, and instruction provided to workers, as well as the absence of an adequate safety management plan for the use of Dotswood Road, the location of the tragic incident. 

Additionally, the department is alleged to have neglected the installation of guide posts or road markers on the road.

This charge carries a maximum penalty of $1.5 million. The case is set to be heard in the Brisbane Magistrates Court on October 20.