A Wendouree swim centre operator charged after a primary school pupil was left a quadriplegic during a diving lesson is disputing some aspects of the incident.
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Former grade six pupil Milly Yeoman was seriously injured after she dived into a shallow pool during a school swimming lesson at the centre in November 2016.
De Kort Enterprises, trading as Swim and Survival Academy, and the Department of Education and Training will front a contested committal hearing over the incident later this year.
The DET told the Ballarat Magistrates Court on Thursday the facts of the incident were not in dispute, but the legal characteristics of those facts were.
De Kort Enterprises said it wanted to question witnesses of factual matters during the contested committal hearing.
De Kort Enterprises faces one count of breaching the Occupational Health and Safety Act in that it failed to ensure the swim centre was safe and without health risks.
The DET faces one charge 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.
A one-day contested committal hearing will be held in November at the Ballarat Magistrates Court, where a number of witnesses will be called to give evidence.
At the end of the hearing, the magistrate will decide whether the prosecution has enough evidence for the case to be committed for trial in the County Court.