The WorkCover inspectors have been the subject, quite properly in my view, of substantial criticism in this Inquest.

On 2nd July 1997 a meeting was conducted with WorkCover on the site concerning the issues raised by the HSUA. It would appear that the Chief Minister's Department was being kept closely informed of these developments by Mr Lavers which was quite proper in my view. Mr Purse was at a point of issuing the prohibition notice that would have stopped any further demolition and thereby delayed the implosion. Mr Purse was asked to hold off intervening with the prohibition notice until the Appendix K response was prepared. The response was due on Friday, 4th July 1997.

There certainly was a conversation between Ms Ford and Ms Plovits concerning the activities of the WorkCover inspectors on the site. Both women considered the conversation may have occurred on 7^th July 1997. The question of whether a direction was ever issued by Ms Ford remains unresolved, but the evidence of Ms Plovits is to be preferred on this issue. Any such direction would have been improper as it had the potential to impact on the safety of the Acton Peninsula operations. Ms Ford's action in seeking the removal of the inspectors failed but should it have succeeded there would have then been a direct causal link to the death of Katie Bender in so far as safety checks would not have been undertaken.

Nonetheless this conduct reflects an intrusion, interference and involvement by CMD individuals that was unwarranted. I do not accept the concept of control as it is suggested by Counsel Assisting but it was an intermeddling to a significant degree that was wholly unnecessary as it impacted on public safety issues.