Charges laid over Tasmanian inflatable castle tragedy that killed six children

Charges under Tasmania’s health and safety legislation have been laid against the company that operated the jumping castle on which six children were killed at the Hillcrest Primary School in December 2021.

Tasmania’s Public Prosecutor has charged operator Taz-Zorb over the incident, alleging it failed to follow health and safety duties during an end-of-year event at the school in Devonport, in Tasmania's north.

WorkSafe Tasmania Executive Director Robyn Pearce released a statement today advising "the Director of Public Prosecutions (DPP) has filed a complaint in the Magistrates Court at Devonport in respect of the incident that occurred at Hillcrest Primary School on 16 December, 2021

"The DPP has charged Taz-Zorb, the operator of the jumping castle, with a Category 2 offence under the Work Health and Safety Act 2012.

"This offence alleges that the operator failed to comply with a health and safety duty in a way that exposed the children to a risk of death or serious injury."

The tragedy claimed the lives of students Zane Mellor, Peter Dodt, Jalailah Jayne-Maree Jones, Addison Stewart, Jye Sheehan and Chace Harrison and injured three others.

As the students were playing on the jumping castle and inflatable balls, a gust of wind picked up the inflatables, throwing them up in the air and causing children to fall from the height of about 10 metres, according to eyewitness accounts.

The workplace health and safety regulator said the decision to lay charges came after a "significant investigation" by staff over many months, adding “a large number of documents have been prepared and considered by the investigators and the DPP in order to reach this decision."

Pearce said throughout the past year, she had continued to meet with the families of children who had died or been injured in the incident, advising “(I) would again like to express my condolences to each of them.

"As the matter is now before the court, no further information or comment can be provided."

It is not yet known when the matter will be heard in Court.

The maximum penalty for a category 2 offence under the Work Health and Safety Act is a $1.5 million fine for a corporation, and a $150,000 fine for an individual.

A joint statement on behalf of families of students Zane Mellor, Peter Dodt, Addison Stewart and Jalailah Jayne-Maree Jones welcomed the announcement.

The statement advised “this was a terrible tragedy that claimed the lives of our beautiful children and which has left others both physically and emotionally impacted.

"We know WorkSafe has worked tirelessly in their investigation into what went wrong on that fateful day and we thank them for their hard work.

"We would like to take this opportunity to thank all of the first responders and medical staff who took care of our children. We would also like to take this opportunity to acknowledge the incredibly brave children who ran to the assistance of their injured friends and classmates."

A Coronial investigation into the children's deaths has been unable to proceed until the WorkSafe Tasmania investigation was completed, and documents provided to the coroner.

Supreme Court Justice Gregory Geason ruled last month he was satisfied the disclosure of documents, including an engineering report and a number of interviews and written responses, could impede WorkSafe Tasmania and the DPP's "function of effectively investigating possible offences".

Coroner Olivia McTaggart has previously said there was "no question" the inquest would commence "as soon as any prosecution has been completed".

Image: A jumping castle understood to be similar to the one at the centre of the Hillcrest Primary School tragedy. Credit: Taz-Zorb website.