The Victorian Department of Education and a Port Fairy pool operator have been charged with breaches of the Occupational Health and Safety Act after the death of a Year 2 student in 2021.
Eight-year-old Cooper Onyett died in May after drowning while on a school excursion at the Belfast Aquatic Centre in Port Fairy.
WorkSafe Victoria has alleged the pool operator, Port Fairy Community Pool Management Group Inc, failed to properly assess the swimming ability of students before allowing them to use an inflatable obstacle course.
The safety regulator also alleged the operator failed to have qualified lifeguards on duty, while also instructing lifeguards on the safe use of the obstacle course.
The operator has been charged by Worksafe with six charges under the Occupational Health and Safety Act.
The charges are for failing to ensure "persons other than employees" were not exposed to health and safety risks to their health under their undertaking.
Worksafe has also alleged the Department in turn 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 matter is listed to appear at Warrnambool Magistrates' Court at the end of the month.
