A workplace health and safety prosecution concerning the 2021 jumping castle tragedy at Hillcrest Primary School in Tasmania heard closing submissions on 17 February 2025, with a verdict expected on 6 June 2025.
The incident serves as a stark reminder of the critical importance of ensuring compliance with workplace health and safety duties and the consequences that could flow if a serious incident occurs.
The background
On 16 December 2021, Hillcrest Primary School in Devonport, Tasmania, was hosting an end of year celebration, with activities including a jumping castle. The jumping castle was operated by Rosemary Gamble trading as Taz-Zorb. While children were playing on the jumping castle, a wind event known as a ‘mini tornado’ or ‘dust devil’, forced the jumping castle to become airborne and fly across an oval. As a result, six children died, and three others were seriously injured. The jumping castle had eight anchor points, but only four of the anchor points were secured on the day of the incident.
The jumping castle operator has been charged with one count of failing to comply with health and safety duties under the Work Health and Safety Act 2012 (Tas) (WHS Act) in respect of an alleged failure to ensure that the jumping castle was properly secured to the ground during use.1 The jumping castle operator has pleaded not guilty to the charge.
Work Health and Safety (WHS) duties and obligations and increased regulatory oversight
Employers and operators of amusement devices have a duty under the WHS Act to ensure, so far as reasonably practicable, that the health and safety of other persons using the device is not put at risk from the conduct or operation of the business.2
Following the incident at Hillcrest Primary School, there has been an increased focus on amusement device operators and their compliance with WHS duties and obligations.
For example, the Work Health and Safety (General) Regulations 2022 (Tas) (WHS Regulations) were introduced to increase the duties and/or obligations of duty holders, including amusement device operators. Operators must keep logbook records of the erection, usage and storage of the device, information regarding operating training and instructions, and any faults identified during operation. SafeWork Australia’s Guide for Amusement Devices (2022) details how operators can best manage the maintenance, plans, inspection and safety associated with the updated WHS Regulations.
In Victoria, WorkSafe increased its oversight of amusement device operators by completing 380 inspections in 2024 in connection with community event amusements, such as jumping castles, and identified numerous safety issues. The issues identified included inadequate anchoring of inflatables, lack of weather protection on electrical blowers or guarding to prevent access by children, and inadequate patron supervision and pedestrian management.
Increased safety standards for event operators
In addition to increased duties and/or obligations under the WHS Regulations, and increased regulatory oversight, the relevant Australian Standard3 which specifically deals with land-borne inflatable devices including jumping castles, was updated in in 20234 to introduce several key changes relevant for operators. The new Australian Standard increased requirements for anchor strength and weather considerations, including wind speed recommendations and stability guidelines. These guidelines must be provided by manufacturers and followed by operators.
Under the updated standards, operators must train staff in safety and emergency response procedures, ensuring that they have plans in place for incidents and are able to respond quickly to a change in weather conditions.5 Frequent inspections, documentation of compliance, and certification from relevant authorities help achieve a higher standard of safety. Overall, the updated Australian Standard aims to help ensure the safety of children using jumping castles following the incident.
Minimising liability
The incident at Hillcrest Primary School is a stark reminder of the risks associated with, and/or the potential consequences of, amusement device operation. The jumping castle operator has pleaded not guilty to the charge under the WHS Act, and we continue to watch with interest as to the outcome of the prosecution in relation to the incident.
The incident has resulted in a review and overhaul of the safety obligations and/or requirements of amusement device operation. To minimise risk, operators of amusement devices should ensure that they are complying with the new Australian Standard and undertaking adequate risk assessments, including in relation to risks associated with weather conditions.
Work health and Safety Act 2012 (Tas)
Work Health and Safety (General) Regulations 2022 (Tas)
SafeWork Australia’s Guide for Amusement Devices (2022)
Australian Standard, AS 3533.4.1
Australian Standard AS/NZS ISO 8124.1:2023
1 s 32 (Category 2).
2 Work Health and Safety Act 2012 (TAS) (WHS Act) s 20(2)
3 AS 3533.4.1
4 AS/NZS ISO 8124.1:2023
