TASCAT UPHOLDS COUNCIL’S EMERGENCY EVACUATION ORDER DECISION

The actions of Latrobe Council’s General Manager, Mr Gerald Monson, in issuing an Emergency Order under the Building Act requiring the evacuation of 40 seasonal workers from 30 Arthur Street, Shearwater in February 2023 has been vindicated by a decision of the Tasmanian Civil and Administrative Tribunal (TASCAT) handed down yesterday.

The owner of the property previously claimed that Council had “jumped the gun” and denied the Council’s claim that it was appropriate for an Emergency Order to be issued. They further alleged that there was no evidence of a threat to life and consequently appealed the Council’s decision to issue the Emergency Order.

The property owner based their appeal against Council’s decision on the following grounds.

1.  That the occupation of the dwelling, by way of a residential tenancy agreement, to a group of associated persons from Vanuatu, as a common household, was consistent with the classification of the property as a Class 1a building under the National Construction Code.

2.   That there were no reasonable grounds on which to determine that a threat to life may arise out of the condition of use of the buildings on the property.

At the conclusion of the hearing yesterday, the Tribunal determined that neither ground of appeal had any basis and that it was reasonable, in the circumstances, for the General Manager to issue the Emergency Order.

The Tribunal accepted the evidence of Tasmania Fire Service officers and the Council’s independent building surveyors who inspected the site and concluded that there were obvious fire hazards, a natural consequence of 40 people located within the building in overcrowded rooms, with inadequate facilities and fire safety measures.

Mayor Freshney said: “The TASCAT decision is welcomed, and it provides clarity for Councils and Tasmania Fire Service when dealing with matters relating to the basic rights of seasonal workers to safe and appropriate accommodation.”