The Victorian Department of Education is expected to plead guilty to a WorkSafe charge relating to the death of a Merrivale Primary School pupil.
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In a committal mention hearing at the Warrnambool Magistrates Court on Friday, December 15, 2023, prosecutor Duncan Chisholm said there had been "fruitful negotiations" with the department's barrister, Carmen Currie.
Mr Chisholm said he needed time to make alterations to a negotiated agreed summary of the evidence.
Ms Currie confirmed there was an in-principle agreement which had resolved to a guilty plea subject to the preparation of an agreed summary.
The case was adjourned until February 23, 2024 when Mr Chisholm expects the agreed summary of facts to have been resolved.
The department was 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, this year.
WorkSafe alleges the department failed to inform the pool operators of the youngsters' swimming abilities, or of ensuring the students' abilities were tested.
The department has been charged with one breach of the Occupational Health and Safety Act.
Port Fairy Community Pool Management, which runs Belfast Aquatics, faces six charges and has indicated it will contest allegations there were no safety procedures in place in using an inflatable obstacle course.
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.
In a court hearing on November 19 this year, 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.
