WorkSafe Victoria files charges following death of student on a school excursion

WorkSafe Victoria Files Charges Following Death of Student on a School Excursion

Summary: WorkSafe Victoria has charged a Melbourne school and an adventure travel company over safety failures linked to a student's death during a 2019 trip to Vietnam. Both parties face charges under the Occupational Health and Safety Act for failing to protect non-employees from health and safety hazards.

A Melbourne school and a travel company have been charged by Victoria's workplace health and safety regulator in relation to the tragic death of a student during a 2019 overseas excursion. News of the charges follows a lengthy investigation into the circumstances surrounding the incident.

The teenager experienced complications related to diabetes during a school trip to Vietnam and later passed away at a Melbourne hospital. This case highlights why robust health and safety planning remains essential whenever students travel overseas under school supervision, particularly for those managing chronic health conditions.

Charges Against the School

The school faces one count under section 23(1) of the Occupational Health and Safety Act for failing to protect non-employees. Under this section, organisations must ensure the safety of people who aren't direct workers, including students under their care.

Charges Against the Travel Company

WorkSafe has also charged the adventure travel company with three offenses under the same section of the OHS Act for not adequately protecting non-employees from health and safety hazards. Companies providing travel services to schools carry significant responsibility for participant welfare, especially when medical conditions require careful management during excursions.

The parties will attend a filing hearing at Melbourne Magistrates' Court on 30 April 2024.

Why This Case Matters for Safety Professionals

This prosecution serves as a reminder that safety obligations extend well beyond traditional workplaces. Schools, travel providers, and other organisations delivering services to non-employees must maintain rigorous risk assessments, especially when vulnerable individuals are involved.

For safety professionals across Australia, this case reinforces several key obligations:

• Health and safety duties apply to non-employees, not just workers
• Organisations providing services to students or clients with medical conditions need documented risk management plans
• Travel providers offering excursion services must assess health risks before departure
• Clear emergency response procedures should be established for trips involving participants with chronic illnesses

Similar prosecutions have emerged in recent news coverage of school-related incidents. For related coverage, see our reporting on WorkSafe Victoria laying charges over the drowning death of a primary school student and WorkSafe charging a Northland school after a student's death. Another notable case involved WorkSafe Victoria laying charges over a camper's death, further demonstrating the regulator's ongoing focus on non-workplace safety failures.

Strengthening Safety Documentation for Schools and Service Providers

Organisations delivering educational or travel services should regularly review their safety management frameworks. Our OHS Manual for Victoria provides guidance for building comprehensive safety systems that address risks beyond standard workplace settings.

Construction and outdoor activity providers offering excursion-related services can also benefit from structured documentation, such as our Architectural SWMS Pack for Victoria and Environmental Plan for Construction in Victoria, both designed to strengthen compliance across varied operational settings.

Source: WorkSafe Victoria.