Event and Time
Event Description
- Incident occurred on 26 November 2018 at Warringa Park School in Victoria.
- Jovan, a seven-year-old student with severe disabilities, was using a transit wheelchair when he tipped over and sustained a head injury.
- Jovan died on 30 November 2018 due to complications from the fall.
Application and Claims
- The Department was charged with two offenses under section 23 of the Occupational Health and Safety Act 2004 (Vic) for failing to ensure the health and safety of non-employees (students).
- Specific allegations included inadequate training and supervision for staff responsible for Jovan's care, which contributed to the accident.
Judicial Decisions
- The Department pleaded guilty to the charges.
- The court recognized the Department's efforts in addressing safety shortcomings post-incident.
- The judge imposed a fine of $200,000 but noted it could have been $300,000 without the plea.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Claims:
- The Department failed to adequately train staff, specifically the student teacher, leading to the accident. - The risk associated with the ramp and Jovan's condition was foreseeable.
- Defense Claims:
- The incident was caused by sudden and unexpected circumstances. - Previous charges were unrelated and do not indicate a pattern of neglect.
- Evidence:
- CCTV footage showing Jovan's wheelchair tipping. - Medical reports detailing Jovan's disabilities and need for constant supervision. - Statements from staff indicating a lack of awareness of the ramp's risks.