NSW bushfire coronials start

The State Coroner is conducting a series of coronial inquests and inquiries relating to the 2019-20 NSW bushfire season (Black Summer). Public proceedings began on 25 August with an opening address from Counsel Assisting Adam Casselden, SC. He explained the process and listed 91 fires that would be examined. Public hearings will commence on 6 September at Lidcombe Coroners Court and will run into mid 2022 at several locations from south to north, to be followed by a second stage looking at selected case studies to highlight systemic issues emerging from the first stage.

Details of dates and locations of hearings and which fires will be covered can be found in the Public Hearings Information Paper. Hearings will be live-streamed.

The main focus is on the origin and cause of fires, and on fires that caused the 25 deaths and property loss. Mr Casselden also mentioned the impacts on wildlife and environment. Official information emphasises that “coronial hearings are not a trial”, and says that: “The purpose is to inquire into relevant events and gather information about what happened. The purpose of the proceedings is not to lay blame or to make decisions about the liability of any person or organisation because of the fires”.

The Sydney Morning Herald report of the opening address described the coroner’s approach regarding previous inquiries, fuel levels and backburning.

IBG comment

  • Neither the NSW Independent Bushfire Inquiry nor the Royal Commission into National Natural Disaster Arrangements were able to examine specific bushfire events in any detail. These Coronial inquiries are capable of filling this critical gap, and IBG has high hopes that in doing so they will be able to extract critical lessons learned.
  • IBG strongly supports that the coronial inquiries will not lay blame or assign liability. All bushfire review processes should be blame-free and focus on what happened not who did it.
  • IBG continues to stress the need for detailed technical analysis of fires, something that does not feature in any recent or current NSW process. Such analysis would produce a common understanding of the facts (what happened) to then enable critical review of what worked and what could be done better.
  • The coronial process is rather opaque, but it is understood that investigating police have submitted briefs of evidence with witness statements. It is unknown what events or issues have been identified for further investigation, or what role the government will play.
  • It is hoped that the process involves expert independent advice on the science and practice of bushfire suppression.

Reference links