Nearly three and a half years after the devastating Hillcrest Primary School tragedy, the owner and operator of Taz-Zorb, Rosemary Gamble, has been found not guilty of breaching workplace health and safety laws.

The decision, handed down by Magistrate Robert Webster in the Devonport Magistrates Court, has left the families of the six children who died ‘shattered’ and has reignited calls for answers and accountability.

On a seemingly ordinary Thursday, December 16, 2021, Hillcrest Primary School in Devonport, Australia, was abuzz with excitement. Students and staff were celebrating the “Big Day In,” an end-of-year activities day.

The school oval, one of four activity zones, featured an inflatable jumping castle and a zorb ball* arena provided and operated by Rosemary Gamble of Taz-Zorb. [*A zorb ball, also known as a human hamster ball is a large, transparent, inflatable sphere designed for a person to get inside and roll around.]

Gamble had set up the jumping castle, secured with four pegs, and the zorb ball arena, secured with six pegs, along with a gazebo.

The morning was calm, sunny, and still, with no hint of the impending tragedy.

At approximately 10:00 AM, a sudden, powerful gust of wind, described by witnesses as appearing “out of nowhere,” swept across the oval. In a horrifying instant, the zorb balls containing three students were lifted some 10 metres into the air.

Simultaneously, the jumping castle, with seven children on board, was ripped from its moorings and carried airborne. Children fell from the inflatables, and the jumping castle’s blower, also lifted by the wind, struck another student.

Six children – Addison Stewart, Zane Mellor, Jye Sheehan, Jalailah Jayne-Maree Jones, Peter Dodt, and Chace Harrison – aged between 11 and 12, tragically lost their lives, while three others sustained serious injuries.

Following the immediate and widespread grief that enveloped the nation, investigations by police and WorkSafe Tasmania commenced. However, the path to justice has been fraught with delays, including a hold on the coronial inquest while criminal proceedings were underway and an initial refusal by WorkSafe Tasmania to release its findings to the coroner.

In November 2023, nearly two years after the tragedy, Rosemary Anne Gamble was charged with failing to comply with a health and safety duty under the Work Health and Safety Act 2012 (Tas).

Prosecutors alleged that Taz-Zorb, the company that supplied and set up the jumping castle, had failed to adequately anchor the inflatable, reportedly using only four of the recommended eight anchor points and pegs that did not meet Australian standards. They also claimed staff were insufficiently trained and supervised. Gamble, however, pleaded not guilty to the charge.

The 10-day hearing in the Devonport Magistrates Court began in November 2024.

The prosecution argued that the failure to properly anchor the castle was a substantial cause of the children being exposed to risk.

In contrast, the defence contended that the incident was an “unforeseeable” act of nature, a sudden and unpredictable “dust devil,” and that even with more precautions, the outcome would likely have been the same.

They also raised questions regarding the Chinese manufacturer’s instructions and the equipment supplied. The court heard from a range of witnesses, including forensic police, the manufacturer’s representatives, Taz-Zorb employees, and expert witnesses in various fields, from risk management to meteorology.

On June 6, 2025, Magistrate Robert Webster delivered his verdict, finding Gamble not guilty.

In his reasoning, the Magistrate concluded that the tragedy was a result of an “unprecedented weather system” – the dust devil – which he deemed “unforeseen and unforeseeable.”

While acknowledging that Gamble in some respects failed to comply with her duties, he asserted that these failures were not a substantial or significant cause of the tragic outcome, as the dust devil would likely have had the same devastating effect regardless of further precautions.

The verdict has been met with profound sadness and disappointment by the victims’ families, many of whom have expressed their profound grief and feelings of being “shattered” by the decision.

With the criminal case now concluded, the coronial inquest into the Hillcrest tragedy is expected to resume, promising a further opportunity for public scrutiny and understanding of the events.

Simultaneously, a civil class action lawsuit, filed by Maurice Blackburn Lawyers in the Supreme Court of Tasmania, is proceeding. This lawsuit names both the State of Tasmania (as operators of the school) and Taz-Zorb, alleging a breach of duty of care and a failure to take reasonable precautions to ensure the safety of the children.

This civil action continues to be a crucial avenue for the families seeking accountability and redress for the unimaginable loss they have endured.

The full Court Report in pdf format can be downloaded here. Final DPP v Rosemary Gamble E tas TAZ-ZORB[A]

 

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