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Unimaginable tragedy and loss
Our thoughts remain with the families, Hillcrest Primary School, and the broader Devonport community following the December 2021 tragedy in which six children died and three were seriously injured after a sudden wind event lifted an inflatable jumping castle.
Related: Jumping Castle Tragedy
What has changed: criminal proceedings outcome
In June 2025, Rosemary Anne Gamble, trading as Taz-Zorb, was found not guilty of failing to comply with a work health and safety duty in relation to the contributing cause/s of the Hillcrest incident.
The prosecution alleged Ms Gamble did not adequately anchor the jumping castle, including allegations that only four of eight anchor points were secured.
In his decision, Magistrate Robert Webster accepted that a duty existed and that there had been a failure to comply with some aspects of it. However, he held that the prosecution had not proven beyond reasonable doubt that the failure exposed the children to the risk of death or serious injury as required under the law. He described the wind event — a so-called “dust devil” — as “unforeseeable”, concluding that even if additional anchoring steps had been taken, “those actions would sadly have made no difference to the ultimate outcome.”
Families reacted with visible shock and grief in court, some crying out or shaking their heads as the verdict was delivered. Andrew Dodt, whose son Peter was among those killed, said: “I’ve been broken for a long time … we’ve still got a long way to go.” Georgie Burt, mother of Zane Mellor, said she was “deeply disappointed in the Tasmanian justice system,” explaining that the decision did not reflect “the weight of our loss, nor the reality we live with every single day.”
What this means going forward
Coronial inquest
A coronial inquest will follow to examine the full circumstances of the tragedy and to make recommendations to help prevent any recurrence.
Civil class action
Separately, civil lawyers have prepared a class action against both Taz-Zorb and the State of Tasmania.
The claim, filed in the Supreme Court of Tasmania, seeks to hold the parties accountable for losses, damages and systemic failures. Civil proceedings are expected to remain on hold until the coronial matter is complete.
Why this matters
The Hillcrest tragedy continues to shape conversations about public liability, workplace safety and duty of care in community and school settings. While the criminal case has concluded, the broader legal and policy focus now turns to prevention — ensuring that risk assessments, weather monitoring and anchoring standards for inflatable amusement devices are applied with appropriate rigour.
The forthcoming inquest and class action will likely explore systemic safety gaps, clarifying where responsibility lies when sudden events meet preventable risks of harm. In addition, it is more likely that the civil claim will succeed where the criminal case failed – the civil plaintiffs do not have to prove their case beyond reasonable doubt, but instead on the balance of probabilities (i.e. more likely than not). This could mean that the civil system could afford the families of these children some compensation, particularly where the criminal justice system has not held Ms Gamble criminally culpable.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.