School didn't divulge students' swimming abilities ahead of pool excursion

Merrivale Primary School student Cooper Onyett, 8, drowned during a school camp in May 2021.

His mother Skye Meinen had indicated in the lead up to the camp her son was a "beginner swimmer" with "little or no experience including in shallow water".

The Department of Education, which operates the school, pleaded guilty in Warrnambool County Court on Thursday, May 23, 2024, to a safety breach under the Occupational Health and Safety Act.

It came after Belfast Aquatics pleaded guilty to a similar offence in the same court the day before.

The pool's management admitted there was no standard operating procedures in place for an inflatable device, and the children's swimming abilities were not tested.

On Thursday prosecutor Duncan Chisholm said in preparation for the camp Merrivale school staff completed a risk register and itinerary, which included a swim and play session at the Port Fairy pool.

He said permission slips, including a confidential medical form, were sent to parents of the year two children.

It was in that form Ms Meinen indicated her son's limited swimming ability.

Mr Chisholm said the forms indicated there were 16 beginner swimmers and 12 intermediate swimmers (basic skills - able to swim 25 metres with a recognisable stroke).

The court heard Merrivale teacher Troy Tampion spoke to the pool manager and senior lifeguard Shaun Murrihy on the phone seven days before the excursion took place.

Belfast Aquatics did not request additional information about the children's swimming abilities, and the school did not offer the information to the pool.

The prosecutor said the students would typically have had their swimming abilities tested during third term from prep onwards, but due to COVID-19 there were no lessons in 2020 and the students had not been tested since the end of their prep year.

Those historic records were not provided to Belfast Aquatics, or requested.

The court heard the 28 students arrived at the pool about 10am on May 21, 2021, supported by two teachers, including Mr Tampion, and a teacher's aide.

Mr Chisholm said the school had booked the use of a nine-metre-long, 1.6-metre-wide inflatable obstacle course, similar to a bouncy castle, and obtained funding for an additional lifeguard.

The inflatable was set up in the deep-end of the pool, which ranged between 1.2 metres and 1.35 metres deep.

Mr Chisholm said when pool manager Mr Murrihy asked the children who had swimming lessons about a "dozen hands went up".

He said about 20 children then lined up for the inflatable.

When they got to the end, or if they fell off along the way, they were to swim to a divider wall in the pool that separated the shallow from the deep - about three metres from the inflatable.

The court heard it quickly became apparent to Mr Murrihy that children were struggling in the water so he jumped in to help.

Mr Murrihy removed at least 12 children from the water around the inflatable in 30 minutes, including Cooper.

He soon determined only six students were competent enough swimmers to get back to the edge of the pool from the inflatable without assistance.

The court heard a floating rope divider was placed in the shallow pool, which Cooper was seen jumping from.

Mr Murrihy also observed the boy standing on the dividing wall, which he was directed to get off.

The court heard at 10.42am a woman, who was swimming with her daughter, spotted what she believed was a boy floating underwater.

Cooper was pulled from the pool but was unable to be revived.

Mr Chisholm said if the information about the children's swimming abilities had been communicated to Belfast Aquatics, it could have assisted in reducing the risk of drowning.

Judge Clare Quin questioned the point in collecting information if "you're not going to give it to anyone".

"You don't just get it to put it into a filing cabinet," she said.

Barrister Carmen Currie, representing the department, said the information was collected for a number of reasons, including as part of the school's planning of suitable activities.

She said Belfast Aquatics should have asked the school for the information.

She said an on-the-day swimming test should also have been conducted by the pool.

Ms Currie said procedures were now in place that saw public school information sent direct to aquatic facilities ahead of swimming activities.

Ms Currie acknowledged on behalf of the department the "enormous impact" the tragedy of Cooper's death had on his family, classmates, teachers and the community.

"It is the worst imaginable outcome for a school camp," she said.

"I have been asked to strongly convey this from the department. That is acknowledged and condolences are extended to all affected."

During Belfast Aquatics' plea hearing the day before, the court heard a number of victim impact statements from Cooper's family and the school community.

His mother Ms Meinen said she had experienced "every parent's worst nightmare" and no parent should have to second guess the safety of their child on school camp.

Ms Currie said the impact statements were "deeply affecting", "articulate in the highest" and spoke volumes of the courage and character of Cooper's family.

However she argued the statements were inadmissible in the case of the department and said the judge should exclude them when considering her sentence.

Judge Quin is expected to hand down her sentenced on May 31.