WorkSafe Tasmania

WorkSafe Tasmania

Safe and well every day

WorkSafe investigation into Hillcrest

WorkSafe seeks Supreme Court intervention to protect Hillcrest investigation

Robyn Pearce, Work Health and Safety Regulator, WorkSafe Tasmania

21 February 2023

WorkSafe Tasmania has commenced proceedings in the Supreme Court to prevent documents it considers privileged in the Hillcrest investigation from being handed over to the Coroner.

As an independent regulator, WorkSafe Tasmania is investigating the incident to determine whether there have been any breaches of the Work Health and Safety Act 2012.

WorkSafe has also worked closely with the Coroner to assist in its coronial investigation, but is concerned that the disclosure of certain information gathered as part of its investigation may compromise any potential prosecutions for serious offences under our work health and safety laws.

The Work Health and Safety Regulator, Robyn Pearce said her focus was to ensure a fair and just outcome for the families of the victims, as well as for individuals involved that may have had responsibilities under the Work Health and Safety Act 2012.

‘This investigation is unprecedented in its nature and scope. While a decision is yet to be made on whether there will be any prosecutions as a result of what happened at Hillcrest, it has not been common in Tasmania for an inquest to precede a prosecution,’ she said.

‘We have the utmost respect for the coronial process and by commencing this proceeding we hope to clarify our legal duties so that justice is achieved.’

WorkSafe Tasmania’s investigation file, containing approximately 40 thousand documents, has been provided to the Director of Public Prosecutions for a decision to be made whether any charges should be laid under the Work Health and Safety Act 2012.

While the matter is before the Court no further information or comment can be provided.

Background

The proceeding, Pearce v McTaggart & Williams (No 96 of 2023), has been commenced in the Supreme Court at Hobart. Requests for any documents should be directed to the Court’s Registry.

Media Contact: Angela Davies Ph: (03) 6165 4889

See this media release as a PDF

WorkSafe investigation into Hillcrest tragedy continues

4 October 2022

Inspectors from WorkSafe Tasmania continue to investigate the tragic events that took place at Hillcrest Primary School on 16 December 2021.

The investigation is being conducted under the Work Health and Safety Act 2012. It focuses on the events of the day, as well as all the circumstances that contributed to the incident. Large quantities of information have been gathered and subject matter experts engaged to assist with the investigation.

Once complete, the investigation file will be presented to the Work Health and Safety Regulator and the Director of Public Prosecutions, who will decide whether criminal charges should be laid for potential breaches of the Work Health and Safety Act 2012.

WorkSafe Tasmania is working closely with the Coroner and will provide information from the investigation to the Coroner.

WorkSafe Executive Director, and Work Health and Safety Regulator, Robyn Pearce said she fully recognises the public interest surrounding this incident.

“We want to reassure families and the community that WorkSafe Tasmania is doing everything we can to expedite the processes, while ensuring we maintain the integrity of what is a complex and wide-reaching investigation” she said.

See the Magistrates Court of Tasmania's media release about the Coronial investigation.

Last updated: 23 February 2023
my favourites