By Annie Guest and staff
March 17, 2012 : The Queensland Floods Commission has released findings which could pave the way for legal action by the victims of last year's disaster. Its long-awaited report includes more than six million pages of evidence, 345 witnesses and 170 recommendations ranging from flood mapping to emergency responses and, of course, dam management.
Some of the most serious findings in the report relate to Brisbane's Wivenhoe Dam. It says the dam's manual was not properly followed on the weekend leading up to Brisbane's flood peak. That means the dam's operator SEQ Water and its owner - the State Government - may now be liable for compensation.
But the commissioner notes the manual was ambiguous, unclear and difficult to use - factors which should not be overlooked. The report also says the Crime and Misconduct Commission (CMC) should investigate the actions of three dam engineers over misleading reports and testimony about the flood event.
There is also a suggestion of collusion between two of the men. Premier Anna Bligh says the matter was referred to the CMC this morning. The finding that the dam's operating manual was breached will be the most welcome news to flood victims, insurers and class action lawyers.
Rod Hodgson from Maurice Blackburn Lawyers says the report shows at least some of the disaster was man-made. "This report provides support for a potential class action," he said."That potential class action is on behalf of householders, business owners and community grounds living downstream of Wivenhoe."
Mr Hodgson says the report confirms victims' suspicions. "Too much water was allowed to accumulate in Wivenhoe Dam and the strategy for water releases was botched," he said."This extraordinary report says that beyond any doubt that dam was not operated the way it should have been."
About 2,000 flood victims have signalled their interest in a potential class action against the dam's operators. Dennis Ward from the Fernvale Community Action Group says it has been a difficult time. We'd love to see someone come out and apologise for causing this damage and grief to everyone. Dennis Ward - Fernvale Community Action Group "It'd be great to see an apology for what happened," he said.
"I mean there is some acknowledgment there that it could've been managed better and we'd love to see someone come out and apologise for causing this damage and grief to everyone." But Mr Hodgson says there is much work to do before launching a lawsuit. "The investigations need to include how much difference to the flood level the proper operation of the dam would have made," he said.
"We sense that it would have made a significant difference, but we need to conduct independent hydrodynamic modelling." The inquiry did examine the question of how much less flooding there might have been if the manual was followed. But on this it is inconclusive. It says it is possible there would have been less flooding in Brisbane and Ipswich.
It pointed to a report by an independent engineer that found an optimised water release scenario might have reduced flooding between 40 centimetres and 90 centimetres in the suburbs of Brisbane. However, the inquiry noted it involved taking risks by embracing weather forecasts.
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