Pool committee pleads guilty over student death during school camp

Port Fairy Community Pool Management was expected to face a three-day committal hearing in Warrnambool Magistrates Court from Tuesday, March 5, 2024.

The body was charged in mid-2023 with six offences under the Occupational Health and Safety Act following the death of a Merrivale Primary School pupil who drowned during a school camp on May 21, 2021.

WorkSafe had alleged 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 Tuesday the court heard evidence from two Merrivale Primary School teachers and a teacher's aide who were at the pool at the time of the student's death.

One teacher said he was never provided any training by the Department of Education regarding the assessment of pool excursions, and that staff followed the school principal's advice when planning camps.

The committal was expected to hear from a number of other witnesses, including representatives from Belfast Aquatics and Life Saving Victoria, but the matter resolved about 3pm after some discussion between barrister Stephen Russell and the Office Of Public Prosecutions.

The committee pleaded guilty to a single charge of failing to ensure persons were not exposed to risk.

The remaining charges were struck out.

It comes after the Department of Education pleaded guilty to a breach of the OH&S Act in February 2023.

The two bodies will face the Warrnambool County Court in May.