Work Health and Safety investigations are predominantly aimed at determining the root cause of an incident. All WHS  investigations have a requirement to take into consideration the totality of circumstances prevailing at the time the incident.

In this investigation, to the totality of circumstances included influencing factor being part of a declared State of Emergency, due to Severe Bush Fires in NSW. This influenced the decision to fill a decommissioned, not fit for purpose 4.5-million-liter water reservoir to 98% capacity. 

The state of the water reservoir was known to the PCBU , there is a documented history of structural issues since 2012 - 2017. The risk and consequences by a specialist repair company are described as extremely critical and consequence as Catastrophic. The probability was recorded as frequent and likely to occur.

The majority of the repairs listed under repair methodology in the specialist report noted 15 out of the 19 listed, to be extremely critical.

In order to understand the reasoning for the decision to fill Snowy 1 Reservoir, the investigation focused on the Local Emergency Management Committee (LEMC). The LEMC was operational and functioning at the time as required under the State Emergency and Rescue Management Act 1989 and the NSW EMPLAN (Emergency Management Plan)

The Local Council received an improvement notice for not having a risk assessment in place to address and implement reasonably practicable measurers to minimise the risk if elimination of the risk was not achievable.

The author of the report met with Ms Natasha MANN Head of SafeWork NSW in February 2023 to discuss anomalies found in SafeWork NSW Response to the incident.

In July 2023, the author presented the interim investigation results in person to the Hon Sophie COTSIS (Minster for SafeWork NSW.) Minister COTSIS acknowledged the requirement for a whole of government response to the incident and has made a commitment to determine the most appropriate response to the matters raised.

Further meetings with several other ministers is expected to take place in the near future.

There is a demonstrated willingness and commitment by Minsters and Members of the Legislative Council in NSW Parliament, to consider the outcomes and recommendations made in this report and bring about the required changes in continuous improvement, in the interest of the NSW public.

The local Council was provided the opportunity to discuss the interim investigation results, no response to this request was received.