Pool management to dispute there were no safety procedures in place at time of student's death

Port Fairy Community Pool Management and the Department of Education appeared in Warrnambool Magistrates Court on Friday, November 17, 2023.

The two bodies are charged over the death of Merrivale Primary School pupil Cooper Onyett who drowned at the pool during a school camp on May 21, 2021.

The Victorian WorkCover Authority laid charges on May 5, 2023.

Belfast Aquatics management faces six charges under the Occupational Health and Safety Act.

WorkSafe alleges the pool management 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.

On Friday barrister Stephen Russell, representing Belfast Aquatics, said WorkSafe had strongly alleged there were no procedures in place for the use of "inflatables".

"We obviously contest that," he said.

The charges will be contested at a three-day hearing from March 5, 2024.

A number of people are expected to give evidence, including witnesses present at the pool on May 21, 2021, WorkSafe representatives and Andrew Dennis from Life Saving Victoria.

Mr Russell said Mr Dennis would give evidence about procedures that should be in place when running "a pool such as this".

He said another witness would give evidence which "to some extent" would establish what procedures were in place at the time of the alleged offences.

Magistrate Gerard Lethbridge said he accepted there would be a number of issues that would "need to be agitated" during the contested hearing.

The court previously heard the brief of evidence involved about 2500 pages.

WorkSafe has also alleged the Education Department failed to inform the pool operators of the children's swimming abilities, or of ensuring the students' abilities were tested. The department has been charged with one breach of the act.

The court heard an offer had been made to WorkSafe "very recently" which needed to be canvassed.

Carmen Currie, representing the department, said she was hopeful that with some discussions the issue could be resolved before the next court appearance and asked for a four-to-six week adjournment.

The department will face court again on December 15, 2023.