WorkSafe committal mention hearing set down for August 18 in Warrnambool court

Another Warrnambool court date has been set for a WorkSafe prosecution following the death of an eight-year-old boy at a Port Fairy pool.

A committal mention hearing has been set down for the Port Fairy Community Pool and the Education Department after Merrivale Primary School pupil Cooper Onyett died during a school camp just over two years ago.

The Victorian WorkCover Authority is prosecuting the two bodies and laid charges on May 5.

A filing hearing was held in the Warrnambool Magistrates Court on Monday.

A hand-up brief now has to now be served on lawyers for the accused by July 7 with a committal mention date set for August 18.

On May 5: Port Fairy's Belfast Aquatics pool was charged over the death of an eight-year-old schoolboy almost two years ago.

Year two Merrivale Primary School pupil Cooper Onyett drowned at the pool while on a school camp on May 21, 2021.

WorkSafe has charged the pool's managers Port Fairy Community Pool Management Group Inc and the Department of Education and Training.

Belfast Aquatics management faces three charges under the Occupational Health and Safety Act for "failing to ensure, so far as reasonably practicable, that persons other than employees were not exposed to risks to their health or safety arising from the conduct of their undertaking".

The pool management also faces three additional charges under the Act for "failing to ensure that a workplace under its management and control was safe and without risks to health".

In a release, WorkSafe said it would "allege the pool failed to test the swimming ability of the students before allowing them to use an inflatable obstacle course, have currently qualified lifeguards on duty and instruct lifeguards on the safe use of the inflatable".

WorkSafe has charged the Department of Education and Training with one breach of section 23(1) of the Act, for "failing to ensure, so far as reasonably practicable, that persons other than employees were not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer".

WorkSafe will allege the department "failed to inform the pool of the children's swimming abilities or ensure their abilities were tested".

The matter is scheduled for a filing hearing in the Warrnambool Magistrates' Court on May 29.

Belfast Aquatics was contacted for comment.

A Department of Education and Training spokesperson said the department had "fully cooperated" with WorkSafe on its investigation of the incident and would continue to do so.

"However as the matter is before the courts, we cannot comment further," the statement said.

"While we remain deeply saddened by this tragic incident, our thoughts are first and foremost with the family, friends and community who have been touched by this tragedy."

The department continues to provide support to the staff and students of the school.

IN OTHER NEWS

Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:

Have you signed up to The Standard's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in the south-west.