A coroner investigating a jumping castle tragedy in Tasmania has been temporarily blocked from accessing documents because doing so would put potential criminal proceedings at risk.
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Zane Mellor, Peter Dodt, Jalailah Janyne-Maree Jones, Addison Stewart, Jye Sheehan and Chace Harrison died after the incident at Hillcrest Primary School on December 16, 2021.
Preparations for an inquest were paused in February because workplace safety regulator WorkSafe Tasmania refused to pass on some documents to the coroner as requested.
The regulator launched legal action to prevent the coroner from obtaining the documents, arguing doing so could prejudice ongoing investigations and potential prosecutions.
In a judgment delivered on Tuesday, Supreme Court of Tasmania Justice Gregory Geason ruled in favour of WorkSafe Tasmania.
He said the coroner wouldn't be allowed to access the documents until the time limit for laying charges expired, or until the conclusion of any criminal proceedings.
Under Tasmania's workplace safety laws, prosecutions can only be brought within two years of an incident, meaning there is a December deadline.
"Disclosure to the coroner of the identified records has the potential to defeat the investigative/prosecutorial processes and functions which are underway," Justice Geason said.
"Non-disclosure of the records to the coroner, merely delays but does not defeat a coronial investigation."
The court ruling describes the documents as interviews and written responses of jumping castle owner and operators, the school's principal and a teacher, as well as an engineering report.
Justice Geason rejected the coroner's assertion that some, or all, of the documents had lost confidential status.
He agreed disclosure of the documents to the coroner at this stage could contaminate evidence gathered for potential criminal prosecutions.
WorkSafe Tasmania executive director Robyn Pearce has previously described the investigation as "unprecedented" with a file of more than 40,000 documents.
A public ceremony was held in Devonport in 2022 to mark the one-year anniversary.
Three children also suffered serious injuries in the incident, which was described at a pre-inquest hearing as a "mini-tornado" wind event.
Australian Associated Press
