Worksafe has charged MacDonnell Regional Council over the drowning death of a 2yo boy
An NT local council has been charged over the drowning death of a two-year-old at an early learning centre swimming pool.
A Central Australian council has been charged five years after a toddler drowned at a Kintore early learning centre.
Two-year-old Kumanjayi Jurrah died on December 2, 2020, after being locked inside a swimming pool complex at a council operated early learning centre.
He was locked in the pool area as the rest of the children and carers returned inside and eventually fell into the pool where he died, sparking a five day inquest in August last year.
The Alice Springs Local Court heard evidence from safety experts, council staff and the boy’s grieving family.
On Friday, NT Worksafe charged the MacDonnell Regional Council with three category two charges for breaches of the Work Health and Safety (National Uniform Legislation) Act 2011.
The charges include failing to ensure the health and safety of the toddler and failing to ensure the means of entering and exiting the workplace and anything arising from the workplace are without risk.
They were further charged with failing to provide provision and maintenance of a safe work environment without risks to health and safety, safe systems of work or information, training, instruction and supervision.
If found guilty of all charges, the council faces a combined maximum penalty of $4.5 million.
The boy’s uncle, Gary Marshall, in a statement read out to the court by counsel assisting Paul Morgan during the inquest, told the court how he was on smoko when he heard “people screaming”.
“I ran to the pool straight away. When I got to the pool the gate was closed,” his statement said.
“I had to jump over the gate to get into the pool, over the barbed wire.
“When I got over into the pool ... I knew what happened.”
The two-year-old was found floating in the pool, and despite resuscitation attempts, he tragically could not be saved.
Ms Armitage delivered her findings from the inquest in November last year.
Key among her seven recommendations was that local government employees be held accountable for their actions, as they are elsewhere in Australia.
Specifically, she recommended the NT attorney general consider removing or amending section 182 of the Local Government Act 2019.
Section 182 grants immunity for local government employees from criminal prosecution for certain acts undertaken in the course of duty.
The case is listed for mention at the Alice Springs Local Court on Monday, December 1.
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Originally published as Worksafe has charged MacDonnell Regional Council over the drowning death of a 2yo boy
