WorkSafe dismisses charges against Department of Eduction and Training over Ballarat swim centre injury

June 1, 2019

Published by The Courier – 23 May 2019.

WorkSafe has dropped charges against the Department of Education and Training in relation to a Ballarat pupil who was injured during a school swimming lesson.

Milly Yeoman became a quadriplegic at 12 years of age after she was instructed to dive into shallow water during a school swimming lesson at the Swim and Survival Academy in November 2016.

A centre employee instructed Milly to dive into the pool, which was about 1.2 metres deep.

She hit her head on the bottom of the pool, causing the spinal injuries.

The DET was charged with one count of breaching the act in that it failed to ensure students were not exposed to risks to their health and safety arising out of a school-sanctioned swimming program.

WorkSafe dismissed the charge at the Ballarat Magistrates Court on Thursday.

The husband and wife owners of De Kort Enterprises, trading as Swim and Survival Academy, were convicted and fined $150,000 in March.

They pleaded guilty in November to breaching the Occupational Health and Safety Act for failing to ensure the centre was safe.