Local Council charged over drowning death of toddler

NT WorkSafe has charged a local council over the drowning death of a toddler in December 2020.

The two-year-old toddler attended an Early Learning Centre (ELC) operated by the council. Later that morning the children at the ELC went to a swimming pool, which was also operated by the council.

The toddler ended up locked inside the pool complex as the rest of the children and carers returned to the ELC, when the toddler fell into a pool.

The council has been charged with three category 2 charges for the following breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act):

• Section 19(2) for failing to ensure the health and safety of the toddler.
• Section 20(2) of the Act for failing to ensure the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.
• Section 19(3)(a)(c)(f) for failing to provide:
  • the provision and maintenance of a work environment without risks to health and safety
  • the provision and maintenance of safe systems of work, and
  • the provision of any information, training, instruction and supervision.

If found guilty of all charges, the council faces a combined maximum penalty of $4.5 million dollars.

The matter is listed for mention at the Alice Springs Local Court on 16 December 2025.

Edit: The matter was initially listed for mention on 1 December 2025, but was adjourned to 16 December 2025.