The Little Bendigo Primary School pupil sustained a fractured humerus when the incident occurred at the Nerrina school on March 26, 2018.

Charge sheets obtained by The Courier states the Victorian WorkCover Authority charged the Department of Education on February 18 last year for allegedly contravening the Occupational Health and Safety Act.

It alleges the department failed to ensure, so far as was reasonably practicable, that persons other than its employees were not exposed to risks to their health or safety arising from the conduct of its undertaking.

The second charge states the department failed to notify the Victorian WorkCover Authority immediately after becoming aware that an incident had occurred at a workplace under its management and control at the primary school.

The matter was listed for a contested hearing at the online Ballarat Magistrates' Court on Thursday but it did not proceed.

The parties are seeking a ruling from the magistrate on the evidence to determine what type the next hearing will be.

There are no adult witnesses who can give direct evidence on how the tree branch fell on the female pupil but pupils sitting near the tree saw the incident.

The court was told the victim's mother, a WorkCover investigator and the author of the school incident report had provided evidence for the prosecution case.

The Department of Education's defence counsel, Carmen Currie, said the prosecution were leading hearsay evidence.

Magistrate Letizia Torres will consider her ruling and the matter was adjourned until November.

The matter was first listed at the Ballarat Magistrates' Court on April 4, 2019, according to the charge sheet.