Australasian Leisure Management
Feb 21, 2023

Inquest into Hillcrest Primary School jumping castle deaths cannot commence as WorkSafe refuses to release findings to coroner

An inquest into the 2021 deaths of six Tasmanian children in a jumping castle tragedy cannot begin as a result of WorkSafe Tasmania refusing to release its investigation.

The children died in December 2021 when a jumping castle was blown into the air during an end-of-year celebration at the Hillcrest Primary School in Devonport.

Three other students suffered serious injuries.

However, during a pre-inquest hearing on Wednesday morning it was revealed WorkSafe Tasmania is refusing to provide its report to the Coroner because it believes it will prejudice "any potential prosecutions" under work, health and safety laws.

Coroner Olivia McTaggart said the decision was "unfortunate" and adjourned the inquest pending an appeal in the Tasmanian Supreme Court in April.

Explaining that because she did not have expert opinion and engineer reports, she could not properly investigate, Coroner McTaggart advised “they are crucial to issues such as causation.

"In the absence of that material, the inquest cannot proceed."

Coroner McTaggart had previously hoped the inquest would be heard in the first half of this year.

ABC Tasmania reported that Coroner McTaggart and lawyers representing families of the children will appeal to have the WorkSafe documents released.

Counsel assisting Leigh Mackey told a Coronial update last year that a powerful "mini tornado, a wind devil or similar" lifted the jumping castle into the air, resulting in the deaths of five children on the castle and one child who was waiting in line for an activity.

Three children playing in inflatable zorb balls were seriously injured but survived.

Two other children playing on the jumping castle also survived.

Sam Thompson, who was representing WorkSafe Tasmania, yesterday told the Coroner the decision to not disclose the report was "most regrettable".

Advising that an initial investigation into the tragedy had been completed, he stated that the investigation report “is large and has been referred to the DPP (Director of Public Prosecutions).

He also noted that a second "supplementary investigation" was ongoing and in its early stages.

He added that not disclosing the reports was for the "importance of protection".

The Court heard any decision to prosecute in the matter would need to be made by 16th December this year.

In a statement, WorkSafe Tasmania said its investigation file contained 40,000 documents, which had been given to the DPP "for a decision to be made whether any charges should be laid".

Work Health and Safety Regulator Robyn Pearce said it was not common for an inquest to precede a prosecution in Tasmania, commenting “this investigation is unprecedented in its nature and scope.”

Coroner McTaggart said she hoped the inquest could be back before Court in "two to three months" but did set a new court date.

She added “there is no question that as soon as any prosecution has been completed, we will commence the inquest.”

Image: Six children died in a jumping castle incident at Hillcrest Primary School in Devonport in 2021.

Australasian Leisure Management Magazine
Subscribe to the Magazine Today

Published since 1997 - Australasian Leisure Management Magazine is your go-to resource for sports, recreation, and tourism. Enjoy exclusive insights, expert analysis, and the latest trends.

Mailed to you six times a year, for an annual subscription from just $99.

New Issue
Australasian Leisure Management
Online Newsletter

Get business and operations news for $12 a month - plus headlines emailed twice a week. Covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism, and venues.