Nine NSW residents just across the ACT border have had their application to be part of the Orroral Valley fire inquiry refused while a non-publication order on the Commonwealth's briefs of evidence remains.
The January 2020 fire tore through Namadgi National Park after it was ignited by a defence helicopter during a reconnaissance exercise between the Australian Army and the ACT Emergency Services Agency.
The fire burnt across the territory for one month and led to the Clear Range and Calabash fires across the border that left numerous facilities and homes destroyed.
During the first directions hearing in November, John Maconachie QC, representing a group of nine Bumbalong residents in NSW, applied for them to be part of proceedings.
Mr Maconachie said they had sufficient interest in the inquiry based on the material, economic and emotional harm suffered as a result of the ACT fire spreading into NSW.
He also argued that his clients would assume the role of a contradictor to challenge the contentions of the parties - including the Commonwealth, ACT ESA and ACT Parks and Conservation Services - involved in the inquiry.
Counsel assisting the coroner Kylie Nomchong SC, however, questioned that notion and said it was "basically my role".
Ms Nomchong also cited jurisdictional restrictions and said there could be sufficient interest only if an inquiry's findings would have adverse impacts to the residents' interests, which she argued did not exist in this case.
The inquiry came back before the ACT Coroner's Court on Wednesday when it heard that the NSW Coroner's Court has not considered an inquiry into the state's two fires at the time because they have not been reported to that jurisdiction.
Mr Maconachie made further oral submissions, saying "the only access that the Bumbalong people have to having a voice in respect of this incident is here".
In refusing the application, Chief Coroner Lorraine Walker said the Coroners Act did not allow her to inquire about incidents outside the ACT with death-related matters excepted.
She said the NSW residents would not be called because she did not find they would bring knowledge or expertise beyond that of the general public.
In addition, the Chief Coroner said they would not be exposed to any risk of adverse findings and that she was satisfied the counsel assisting was "capable of being an effective contradictor".
Ms Walker said Ms Nomchong's interests aligned with hers, specifically to ascertain the facts impartially, identify any public safety issues and provide recommendations.
"I am not satisfied that the legal representatives of the NSW residents are any better placed to do this by virtue of skill, experience or independence of mind," she said.
MORE NEWS
- 'Most challenging time': Canberra businesses suffering with third year of COVID
- ACT private school doubles profits while raking in JobKeeper
- Man charged with murder of 9yo girl in NSW
- COVID testing centres reopen as ACT Health reports aggression towards staff
Meanwhile, the Commonwealth's two sets of briefs of evidence related to the Department of Defence remain subject to a non-publication order with access to the material allowed only for the inquiry's parties.
That order is in place pending the department making any potential public-interest immunity application by February 2.
The Commonwealth has also been granted more time until March 30 to fully comply with the subpoena.
Also on Wednesday, two ACT residents who suffered property damage from the Orroral Valley fire were granted leave to appear as witnesses in the inquiry.
The Chief Coroner last July announced the inquiry, which is focusing on the 45 minutes it took for the helicopter crew to alert the ACT Emergency Service Agency to the fire's location.
The inquiry is scheduled for another directions hearing on May 9.
