Pool committee could apply for case in death of student to stay in lower court

Port Fairy Community Pool Management and co-accused Department of Education 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.

Barrister Stephen Russell, representing Belfast Aquatics management, appeared in Warrnambool Magistrates Court on January 24, 2024 for a special mention ahead of a three-day hearing where the charges will be contested.

Mr Russell said he understood a plea offer was on the table in respect of the Department of Education.

He said at the conclusion of the committal the defence may apply for the case to be heard summarily, meaning it would be heard by a magistrate, rather than with a judge and jury in a higher court.

Prosecutor Duncan Chisholm said the Department and prosecution were in the process of agreeing on a summary of facts but the matter would be heard "upstairs" in the county court.

Magistrate Franz Holzer said he would not pre-empt anything in relation to an application for summary jurisdiction.

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.

In August 2023 barrister Stephen Russell, representing Belfast Aquatics, said they would contest allegations there were no safety procedures in place.

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

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 and is expected to plead guilty in February 2024.