Port Fairy pool operator, Education Department fined following 2021 drowning of eight-year-old Cooper Onyett

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Court News

Port Fairy Pool,Merrivale Primary School,Belfast Aquatics Community Pool

The County Court in Warrnambool heard Port Fairy pool operators did not test children's swimming abilities before allowing them to use an inflatable aquatic device and did not have procedures in place for how to manage children on the device.

Eight-year-old Cooper Onyett died in May 2021 while on a school excursion at the Belfast Aquatic Centre in Port Fairy.The pool operator says it has improved procedures, staffing and training at the community facility.

Port Fairy Community Pool Management, which is a not-for-profit organisation run by volunteers, was fined $80,000 for failing to test the swimming abilities of children before allowing them to use an inflatable aquatic device similar to a jumping castle. Judge Claire Quin said asking children for this information was "unreliable" as they were likely eager to get onto the inflatable course.

Later, a mother who was swimming with her child in the deep end saw Cooper floating underwater. She initially thought he was holding his breath but quickly realised something was wrong and yelled for help.The court heard a simple swimming test before allowing children to do a pool activity was considered industry practice.

Judge Quin said Cooper's father's victim impact statement revealed his difficulty dealing with the trauma. He frequently experiences sleepless nights and panic attacks.

 

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