Child Safety on Excursions and Camps: Organisations Found Liable by Court
Trigger Warning: This article discusses topics related to child harm and death, which some readers may find distressing.
On 29 January 2025, the County Court of Victoria (Court) sentenced Kilvington Grammar School Ltd (Kilvington) and World Challenge Expeditions Pty Ltd (World Challenge), following the death of a student on a trip to Vietnam. The full decision can be found at this link (Decision).
The events that led to the student’s tragic death highlight the importance of organisations enacting and implementing appropriate policies and procedures to protect children and young people from harm.
Background
In September 2019, Kilvington together with World Challenge, commenced a student trip to Vietnam. Eight year ten students and two teachers attended the trip. 16-year-old Lachlan Cook (Lachlan), who was diagnosed with Type 1 diabetes attended the trip. During the trip, Lachlan developed complications related to his diabetes and subsequently died on 4 October 2019.
Prior to the trip, World Challenge obtained two medical clearance forms, a diabetes questionnaire and a medical management form from Lachlan’s parents. Kilvington also had a diabetes management plan and an action plan for Lachlan. None of the these documents were taken on the trip or provided to the teachers attending the trip.
Before they departed for Vietnam, Lachlan told one of the teachers in attendance, Ms Walsh, that he self-managed the condition, and Ms Walsh proceeded to check in with Lachlan about his blood glucose levels every day of the trip.
On 26 September 2019, Lachlan told Ms Walsh that he had vomited twice that morning and could not hold down any liquid. It was presumed that this was due to something he had eaten, as another member of the group was also feeling unwell. Later in the day, Lachlan vomited and complained of sore ribs, abdominal pain, fast breath, low energy and extreme thirst.
Ms Walsh called the World Challenge operations centre and spoke with Mr Thomas, a World Challenge expedition leader. However, she did not mention that Lachlan suffered from diabetes during this call. Mr Thomas classified the situation as ‘severity 4′, a minor medical issue that didn’t require professional medical review. Mr Thomas later became aware of Thomas’ diabetes when his condition worsened and reclassified the situation to ‘severity 3′, a medical issue which did require professional medical review. Mr Thomas later stated that it would have been an ‘immediate red flag’ to him if he had known about Lachlan’s diabetes.
At around 3:30am on 28 September 2019, Lachlan was flown to Bangkok Hospital after his condition worsened and he became unresponsive. He remained there for 5 days, unconscious, and was then transferred via air ambulance to the Royal Children’s Hospital in Melbourne on 2 October 2024. On 4 October 2024, it was confirmed that Lachlan had suffered brain injury incompatible with life, and his life support was turned off. His cause of death was determined to be hypoxic/ischaemic encephalopathy (brain death) in relation to diabetic ketoacidosis (DKA). Had the DKA been identified and treated sooner, his prognosis would have been positive.
The Decision
The Court fined World Challenge $150,000 and Kilvington $140,000. Both pleaded guilty to failing to ensure that persons other than employees were not exposed to health and safety risks.
World Challenge pleaded guilty to failing to provide expedition leaders with information, instruction and training in relation to Type 1 diabetes, as well as failing to inform them that they should disclose any pre-existing medical conditions to the World Challenge Operations call centre. The Court held that it was reasonably practicable for World Challenge to have reduced the risk of death and illness by providing information and training to expedition leaders.
Kilvington was fined for failing to provide care and supervision to students while at school and on school trips. The school had failed to assign Lachlan a teacher ‘buddy’ and provide them with additional training about his medical condition, which was the system in place for school trips at the time.
The Court held that none of the teachers or expedition leaders had the knowledge or training to recognise serious complications arising from Type 1 diabetes. Despite having the management and action plans for Lachlan, these were not taken on the trip. An inquest into the death revealed that having these plans would have led to an earlier diagnosis of DKA. The Court held that it was reasonably practicable for Kilvington to have reduced the risk of illness and death by providing at least one teacher with additional training and by taking the management plans on the trip.
Judge Ellis found that the risk of Lachlan’s death would have been reduced if delays and a lack of communication had not occurred, and he had received proper care in a timely manner. Judge Ellis held that the measures that had been put in place to address Lachlan’s diabetes were not adequate.
Since Lachlan’s death, Kilvington has put safety practices in place which include staff training on a number of health conditions, including diabetes. World Challenge has also reviewed and updated their health and safety procedures.
How can Safe Space Legal help?
This avoidable death of a student in the care of persons responsible for his safety and wellbeing is a significant reminder or ensuring that schools and organisations comply with its duty of care to take steps to keep children and young people safe from harm. Vital obligations include ensuring that proper preventative measures are in place and that incidents and concerns are responded to swiftly and properly.
Safe Space Legal has extensive experience working with schools and other organisations working with children and young people to ensure organisations are meeting their child safety obligations. Safe Space Legal works with organisations across Australia and empowers organisations by:
- Conducting Child Safety Training, including to schools on Duty of Care
- Drafting best practice child safety policies, procedures and codes of conduct;
- Conducting gap analysis audits of critical incidents;
- Providing training on legal obligations, duty of care and child safety;
- Conducting child safety investigations which are compliant with relevant state and territory schemes; and
- Provide advice on risk mitigation.
Contact office@safespacelegal.com.au or call 03 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs.