In short:
A coroner has found "different actions" could have prevented a tree limb from falling and killing a woman in the Adelaide Hills.
uncertain
actions → find → Hills
Judith Anne Ditter died in November 2020 when she was travelling in a car along Mount Barker Road in Stirling.
What's next?
asserted
What → die → Stirling
Recommendations have been made to the Local Government Association of SA, the Minister for Planning and the Minister for Infrastructure and Transport.
asserted
Recommendations → make → Infrastructure
The "sudden" and "shocking" death of a South Australian school teacher, who was killed by a falling tree branch on an Adelaide Hills road, could have been prevented, a coroner has found.
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coroner → kill → road
Judith Anne Ditter, 59, died in November 2020 when she, her daughter and two other passengers were travelling along Mount Barker Road in Stirling, and a heavy branch from a property fell on the moving vehicle.
Mrs Ditter's daughter also sustained serious injuries.
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daughter → die → injuries
In his published findings handed down today, Acting Deputy State Coroner, Judge Ian White, said he was "satisfied" that "different actions" could have prevented the "limb failure which took Mrs Ditter's life".
uncertain
which → publish → life
[An arborist who assessed the tree after Mrs Ditter's death] said that if he had assessed the tree the day before it fell, there would have been indicators that it presented a risk, including the sounds of an extensive hollow, bark patterns and discolouration."
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it → assess → hollow
Judge White said opportunities arose in 2010 and 2012 to prevent the limb failure when the Adelaide Hills Council was assessing development proposals on the property where the relevant tree was located.
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tree → say → property
"At those times, the council could have required the applicants to obtain arborists' assessments in relation to all regulated and significant trees, especially when the proposed works were going to be conducted in the immediate vicinity of those trees," he said.
uncertain
he → require → trees
"If that were to have been required, I am satisfied that the defect would have been found and that remedial action would have prevented the eventual limb failure.
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action → require → failure
That is, the limb would have been removed prior to it falling naturally.
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it → remove → ?
"It is for this reason that I consider it worthwhile exploring improvements that can be made to development applications to identify safety issues with large trees."
asserted
that → consider → trees
The inquest previously heard evidence from Kerrie Hayes — the woman who owned the property in which the tree was situated — who said she had sought advice from arborist Tom Fleming to assess the trees on the property after purchasing it in December 2019.
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she → hear → December
She said Mr Fleming had recommended at the time that the significant tree should be pruned back "within a 12 — no longer than 18-month — time frame".
asserted
tree → say → frame
Ms Hayes also told the inquest that the relevant tree, as well as several others, had been removed after Mrs Ditter's death.
asserted
tree → tell → death
In his findings, Judge White said he was satisfied that if "Ms Hayes had proceeded immediately with the removal of the tree, or within the time frame specified by Mr Fleming, Mrs Ditter would likely not have been killed".
asserted
Ditter → say → Fleming
He added that the tree defect "could have been detected and addressed" if agencies, who had previously conducted work in the vicinity of the tree, had an "obligation to notify the council of the fact that they had conducted potentially tree-damaging work".
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they → add → work
Judge White added that, at the time, "there was no such requirement and there was no such resourcing to deal with such notifications".
"I am therefore making a finding that had a different legal regime existed, there were opportunities to prevent Mrs Ditter's death,"he said.
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regime → add → death,"he
Judge White made a total of seven recommendations — four of which were directed to the Local Government Association of South Australia (LGA), two to the Minister for Planning and one to the Minister for Infrastructure and Transport.
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four → make → Infrastructure
Of those recommendations, Judge White recommended councils employ arborists in their planning department to ensure consideration is given to "whether proposed developments might create safety issues with nearby significant trees".
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developments → recommend → trees
He also recommended that the LGA "undertake steps to improve public awareness of the responsibilities of home owners with regard to ensuring significant trees do not pose safety issues".
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trees → recommend → issues
Judge White also recommended that the state government introduce a legislative requirement that a notification be made to the LGA "with an indication as to whether any damage is thought to have occurred" or if "there is likely a safety issue arising as a result of … works" conducted by a government agency near any significant tree.
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damage → recommend → tree
The LGA has been contacted for comment.
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LGA → contact → comment
A state government spokesperson said they had received the report and "will take time to consider the recommendations and will respond in due course".
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they → say → course
At the conclusion of his findings, Judge White extended his condolences to Mrs Ditter's family.
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White → extend → family
"Mrs Ditter's death was sudden, shocking and involved terribly unfortunate timing," he said.
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he → involve → timing
"There was nothing that Mrs Ditter could have done herself to predict or prevent it.
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Ditter → be → it
"Losing her in this way no doubt created a particularly heavy loss for her family, friends and no doubt many former students."
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Losing → lose → family
The Aporia