The company that owns a Tasmanian property from which 40 seasonal workers were evacuated has denied the property poses any risk to life.
Key points:
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Latrobe Council claims a property in Shearwater housing seasonal workers poses a "threat to life"
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The property owner has denied the council's allegation and is appealing against the evacuation order
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The federal government says the property is not approved accommodation under the Pacific Australia Labour Mobility Scheme
The Latrobe Council issued an emergency order to vacate 30 Arthur Street, Shearwater last Friday, alleging there was a "significant and obvious risk" to the health and safety of dozens of seasonal workers living there.
The council has alleged 43 people, including 40 seasonal workers from Vanuatu, were being accommodated at the property.
All have since been offered alternative accommodation.
Simon Baldock, the director of Insight Tas Pty Ltd which owns the house, said he "empathically denied" the council's claim that it was appropriate for an emergency order to be issued.
"It will be alleged by us that there is no evidence of a threat to life," Mr Baldock said in a statement.
"We assert that the council has, once again, without any warning or dialogue, jumped the gun and shot first and with no intention of even asking questions of us."
About 70 people were found living in the same property in 2020, also resulting in an emergency order being issued.
"As a residential tenancy, the house was built to standards approved by the Council as late as 2006 and was being lawfully occupied by our tenants to the standards required of a residence of its size," Mr Baldock said, adding the house was "no different to a large share house".
"The tenants who lived in the house are effectively one big family," he said.
"They are all known to one another, they work as a team and have all made the journey to Tasmania choosing and wanting to live together.
"The damage from the targeted action of the council in excluding non-family persons from living there is made worse by the hurt inflicted on the Pacific workers who had every right to enjoy their home and who now have been dispossessed."
Mr Baldock's company has appealed the evacuation order to Tasmania's Civil and Administrative Appeals Tribunal (TASCAT).
His lawyer Glynn Williams said their main argument would be around building classification.
"The basis for the emergency order is that there was an aggregation of people there that weren't related, so it becomes an argument about building classification," Mr Williams said.
"The owner's position is quite clear, that as residential tenants of the property and from a large kinship group from Vanuatu, they're not only familiar with one another, but they're effectively one large household, so the appeal will be about and testing building classification."
Mayor takes aim at federal government's 'maladministration' of scheme
Latrobe Mayor Peter Freshney said inspections of the Shearwater property were carried out due to community concerns.
He said because of legal proceedings he could not comment specifically on what issues were identified, but some did relate to fire safety.
"Given those reports and advice, the general manager had no option but to issue an emergency order to evacuate the building housing seasonal workers," he said.
The seasonal workers are all part of the Pacific Australia Labour Mobility Scheme, which is administered by the federal government.
Mr Freshney said the council had "long-held concerns" about the administration of the scheme.
"This press conference was called to make public council's long-held concerns relating to the perceived maladministration of federal government schemes such as the Pacific Australia Labour Mobility Scheme," Mr Freshney said.
Mr Freshney said those administering the scheme should ensure all accommodation provided meets council and building code standards and was "compliant and fit for purpose".
"We expect that those administering these schemes will ensure that an appropriate-sized, functioning and approved waste treatment system is in place prior to approving a premises for accommodation, alternatively confirmation that the property is connected to a reticulated wastewater infrastructure system should be mandatory," he said.
"It beggars belief that given previous experience and our futile attempts to bring about basic administrative change, today we find ourselves in the very same circumstances we found ourselves in three years ago.
"As we suggest in our statement, if those checks and balances were in place, that property would not have seasonal workers accommodated in it."
Department says workers can choose own accommodation
A Department of Employment and Workplace Relations spokesperson said the premises subject to the emergency order was not approved accommodation for workers under the Pacific Australia Labour Mobility Scheme
"Under the PALM scheme, workers are able to select their own accommodation, and where this occurs, the accommodation is not required to be approved by the department," the spokesperson said.
"In these instances, the Approved Employer is required to explain to PALM workers that they will be responsible for all costs and the Approved Employer is not responsible for the quality of the accommodation."
The department said it "moved swiftly" when alerted to the evacuation order.
"The department has been in close contact with the affected workers, the employer, as well as the Council and the Vanuatu High Commission," the spokesperson said.
"Investigations into the incident are continuing."
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