Home insulation deaths: commission chief will not go over old ground

http://www.theguardian.com/world/2013/dec/23/home-insulation-deaths-commission-chief-will-not-go-over-old-ground

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The head of the royal commission into the home insulation program has signalled he will not dwell on issues covered by a series of previous reviews and inquiries. The indication comes as the commission issues 76 parties with summonses and notices to appear before the powerful inquiry.

Addressing the first hearing of the inquiry into the insulation scheme linked to four deaths, the commissioner, Ian Hanger QC, said he would thoroughly examine the existing material and “fill in the many gaps in that evidence”.

“A number of inquiries have already been held into various aspects of the home insulation program. They range from administrative reviews of government processes, to coronial inquests into the deaths of four young men. My present intention is not to repeat the examination and findings of those inquiries, nor do I intend to endlessly traverse matters which have already been examined,” Hanger told the opening hearing in Brisbane.

Hanger said he would examine whether the deaths of insulation installers Matthew Fuller, Rueben Barnes, Marcus Wilson or Mitchell Sweeney between October 2009 and February 2010 “were avoidable if there had been a different approach to identifying, assessing and managing workplace health and safety risks”.

The prime minister, Tony Abbott, promised before the election to launch an inquiry into the Rudd government’s scheme, arguing the families deserved answers to unanswered questions. The opposition leader, Bill Shorten, has voiced his support for the inquiry so long as it is focused on improving workplace health and safety rather than a “political game” or “squaring off with Kevin Rudd”. The $2.8bn program was part of the former Labor government’s efforts to stimulate the economy during the global financial crisis.

Outlining his approach at the first hearing, Hanger said he would especially focus on “the way in which the government identified, assessed and managed workplace health and safety risks, and whether government had sufficient regard for those risks in developing and implementing the home insulation program”. He would also look at any advice or warnings issued to the government and what action was taken in response.

“Whether directly or indirectly, the home insulation program has been implicated in the loss of four young lives, at least one serious inquiry, fires and damage to homes, and serious financial loss and damage to businesses and individuals. I acknowledge the presence in the room today of some of the family members of the four young men who lost their lives,” he said.

Hanger, whose experience is in commercial dispute resolution, said apart from the actions of the government and federal public service, he would consider the impact of the program on pre-existing home insulation businesses.

He suggested the unresolved questions from previous inquiries related to “what really went wrong” and why, and how the government and industry could ensure no repeat of such circumstances in the future.

The counsel assisting the inquiry, Keith Wilson QC, said the commission had on Monday issued 76 summonses and notices to appear, and indicated further such summonses would be issued as further information came to hand. He did not name any of the people issued with summonses, despite persistent speculation in the media that the former prime minister Kevin Rudd and the former environment minister Peter Garrett would be among those called to give evidence.

Wilson said the commission had “an armoury of coercive powers” available to it but hoped it did not have to use those powers often. Failure to co-operate with the inquiry would be a serious matter, he said.

Wilson credited previous inquiries and reviews with completing “some good work” and said the royal commission therefore would not “reinvent the wheel”. The coronial inquests had provided “valuable information”. But Wilson said the new commission reserved the right to disagree with previous recommendations and explore some issues in more detail.

Hanger said he would conduct public hearings but also had the ability to take evidence in private. He encouraged anyone with relevant information to come forward. He aimed to complete his inquiry by the June 2014 deadline. Public sittings are expected in March and April and are likely to include Brisbane and Canberra.

The Sweeney family issued a statement saying they welcomed the royal commission as a way to ensure no other families had to go through their pain in losing Mitchell. The family’s lawyer, Peter Koutsoukis of Maurice Blackburn Lawyers, said it was important the commission <br />also look at the role of employers in the implementation of the insulation scheme.

He added the family hoped the inquiry would adopt some of the key recommendations from previous reviews, in particular the mandatory installation of safety switches in all homes and a safety awareness campaign on working in roof spaces.

Bill Potts, the lawyer representing father Murray Barnes, said his son, Rueben Barnes, was just 16 years old when he died. “He received three weeks’ training; the only safety equipment he had was sunscreen,” Potts said. The family simply wanted an open inquiry that established the truth about “who knew what and when” and recommended safety improvements to ensure the deaths were not in vain.

Potts said he looked forward to cross-examining Rudd, Garrett and Greg Combet, but the family did not want the inquiry to turn into a “political witch hunt”. The goal was not to blame such politicians but to investigate the process they followed and ensure no repeat of such tragedies, he said.

Matthew Fuller’s father, Kevin Fuller, said the new inquiry was not about holding politicians “accountable” but people needed “to have ownership for failings or inaction”.

Fuller thanked Abbott for establishing the inquiry. He said the opening hearing set the scene for what would be a challenging time for the family, but all they ever wanted was the “whole truth” to prevent such deaths in the future.

Asked about the commissioner’s comments that he would not seek to re-investigate matters previously covered by other reviews, Fuller said it was well established that the individual employers “did things wrong”. Fuller said the media tended to focus on Rudd and Garrett but there were many public servants at a state and federal level who needed to answer questions. He argued the insulation program was rolled out with a cavalier attitude to managing risks.

“We’ll do whatever we can to make sure the truth comes out,” Fuller said.

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