Melbourne Water and Cardinia Shire Council are being sued by the parents of a boy who drowned in Officer last year, claiming the government authorities are liable for “inadequate and ineffective” fencing around the wetland where the tragedy occurred.
In the Supreme Court of Victoria, Nasir Aminzadah and Ruqia Sultan have launched legal action against the authorities who own and manage a wetland in Officer where their son, Ali Aminzadah, drowned last year.
In May 2024, four-year-old Ali wandered into parkland from a Lagoon Row home where he and his parents were visiting family. His body was found in the nearby wetland, 50 metres from the front door of the house, and he was pronounced dead at the scene.
Reports by the ABC at the time said Ali, who was diagnosed with Autism Spectrum Disorder, was playing out the front of the house before going missing in a matter of minutes, according to the family.
Court documents claim the fencing around the body of water was in “poor condition” and “inadequate and ineffective” in preventing a child from gaining access.
It’s claimed that children can access the wetlands through the “looseness of the wires“ and the “size of gaps“ between them. The court documents claim Ali gained access by either climbing or moving through the post and wire fence that was “surrounding part of the perimeter.“
As the wetland is managed by Melbourne Water and the land is owned by Cardinia Shire Council, it is claimed that the authorities failed to install and maintain fencing around the entire perimeter that would prevent a child from entering, and breached their duty of care to prevent harm and the associated psychological effects on others as a consequence.
Ms Sultan and Mr Aminzadah both say they have suffered from post-traumatic stress disorder as a result of the tragedy and are claiming damages from both authorities.
Cardinia Shire Council said it is engaging with the legal matter.
“Cardinia Shire Council can confirm that it has received the writ. We take this matter seriously and are currently working through the legal processes. Given this is a legal matter, we will not be providing any further comment at this time,“ a spokesperson said.
In a statement reported by media, Melbourne Water said they are aware of the proceeding and extended their deepest sympathies to Ali’s family and would not be commenting further as the matter is before the courts.
