WorkSafe Victoria lays charges over drowning death of primary school student

WorkSafe Victoria Lays Charges Over Drowning Death of Primary School Student

A pool operator and the Victorian Department of Education have been charged following the death of an eight-year-old boy two years ago. The Year 2 primary school student drowned in a swimming pool during a school-organised swimming lesson in May 2021.

Summary of the Charges

WorkSafe Victoria has charged the pool operator with three counts under the OHS Act for failing to ensure the boy was not exposed to risks. Separately, WorkSafe accuses the Department of Education of failing to inform the pool operator of children's swimming abilities, or ensure their abilities were tested before entering the water.

These charges highlight ongoing concerns around pool safety and swimming supervision at school-run aquatic programs across Victoria. Both parties now face scrutiny over whether adequate safety measures were in place at the time of the incident.

What WorkSafe Victoria Alleges

• The pool operator failed to implement sufficient safety controls to protect swimmers from drowning risks.
• The Department of Education did not provide accurate information about students' swimming competency to pool staff.
• Neither party ensured swimming abilities were properly assessed before the lesson began.

WorkSafe Victoria's investigation underscores the shared responsibility between education providers and pool operators when it comes to student safety during organised swimming activities. This case echoes similar incidents where WorkSafe Victoria files charges following death of student on a school excursion, reinforcing a pattern of enforcement action against education bodies that fail to manage foreseeable risks.

Court Proceedings

The case will be heard at Warrnambool Magistrates' Court at the end of this month. Outcomes from the hearing may set a precedent for how pool operators and schools manage swimming safety obligations moving forward.

Broader Implications for Health and Safety

This tragedy serves as a stark reminder for organisations managing aquatic facilities and school swimming programs. Robust health and safety systems, clear communication between departments, and thorough risk assessments remain essential to protecting young swimmers.

Similar enforcement actions, such as when WorkSafe Victoria lays charges over camper's death, demonstrate the regulator's consistent focus on holding organisations accountable for preventable deaths within their care. Comparable cases interstate, including where WorkSafe charges Northland school after student's death, further reinforce the need for schools and community facilities to prioritise water safety training and supervision protocols.

For organisations seeking to strengthen their own health and safety documentation, resources such as the OHS Manual (Victoria) can support compliance efforts across construction, education, and community sectors alike.

Read the Full Story

Read the full story on the WorkSafe Victoria website.