WorkSafe Victoria has withdrawn two charges against the Department of Education relating to an injury to a Ballarat school pupil more than two years ago.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The Little Bendigo Primary School pupil sustained a fractured humerus when a tree branch fell on her at the Nerrina school on March 26, 2018.
The Victorian WorkCover Authority charged the Department of Education on February 18 last year for allegedly contravening the Occupational Health and Safety Act.
It alleged 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.
Worksafe Victoria withdrew the two charges at the Ballarat Magistrates' Court on Friday.
Department of Education had elected to contest the charges, arguing there were no adult witnesses who could give direct evidence on how the tree branch fell on the female pupil.
Defence barrister Carmen Currie previously said the prosecution were leading hearsay evidence.
The victim's mother, a WorkCover investigator and the author of the school incident report had provided evidence for the prosecution case.
