NO individuals have been charged in connection with the tragic death of a woman on her first scuba dive because there was “no reasonable prospects” they would be convicted, according to a health and safety organisation.

Bethany Farrell, 23, of Colchester, was on a gap year in Australia when she went diving with friends in February 2015.

She became lost when the instructor turner her back.

Miss Farrell came back to the surface but was not spotted because those meant to be watching her were not doing an adequate job.

At an inquest last year, a magistrate said skipper Steve Croucher, employee Peter Hall and instructor Fiona McTavish may have committed offences under workplace legislation.

The Queensland Office of Industrial Relations reviewed the matter having previously prosecuted diving company DL20 Trading Prt Ltd which admitted breaching their duties under the Safeties in Recreational Water Activities Act and was fined 160,000 Australian dollars.

But no charges have ever been brought against individuals.

Miss Farrell’s distraught parents - Patrick and Caron - have written a detailed complaint to the Australian ombudsman outlining what they believe is evidence of their daughter being failed by individuals during the dive.

A spokesman for the Queensland Office of Industrial Relations said three organisations had looked into the circumstances of Miss Farrell’s death.

He said: “In the coroner’s findings, he formed the opinion that certain individuals may have committed offences under workplace legislation and, accordingly, referred the matter to the Office of Industrial Relations.

“The Office of Industrial Relations subsequently reviewed the matter and decided not to commence a prosecution of individuals as that review determined there was no reasonable prospect of conviction.

“On 15 March, the Office of Industrial Relations referred the matter to the Director of Public Prosecutions for further independent consideration.

“On April 5, the DPP responded to that referral, and advised that there were no reasonable prospects of a conviction.

“The Office of the Work Health and Safety prosecutor reviewed the matter upon receipt of the advice of the DPP and determined that no prosecution would be commenced on the basis that there was no reasonable prospect of securing a conviction.”

In their reopened complaint, Miss Farrell’s parents asked for a full and unambiguous reply explaining what prevented the prosecution of Ms McTavish and Mr Croucher.

They say both had a duty of care towards Bethany and both failed her.