Would like to know the full story, but according to the paper he made several attempts at landing, before running out of fuel.
I am sure CASA will be interested in this as risking 6 peoples lives by running out of fuel, at night, in the middle of the ocean, may not meet the requirements of a mercy flight, assuming that is what they will claim it was when asked why they ran out of fuel.
5.1
A mercy flight may only be declared when a pilot is unable to conduct a compliant
flight within the time available, or lacks the time to seek an exemption from relevant
provisions of the regulations. Notwithstanding the declaration of a mercy flight, normal
flight rules apply to the maximum extent possible in the circumstances.
5.2
Pilots should be aware that stress generated by the urgency of a mercy flight may
compromise their decision making ability. Coupled with a contravention of normal flight
rules, poor risk analysis may result in poor quality decisions.
5.3
A pilot should declare a mercy fight only after evaluating all known factors and
assessing the risks that are likely to be encountered during the flight. He or she must be
satisfied that although the flight will involve a breach of regulations, the flight can
nevertheless be conducted without significantly increased level of risk. Although CASR
91.170 authorises the declaration of a mercy flight, the pilot and operator remain bound by
Civil Aviation Act Section 20A, which prohibits careless or reckless operations.
I don't think he has complied with 5.3, you tell me 
( PS, it's an oldish draft, not sure if anything has changed )