A microwave oven has been dubbed a “microwavesqueen” by the Victorian government, after a Victorian court has rejected a request for an injunction to stop it being used in a Victorian school.
Key points:A Victorian court is deciding whether to issue an injunction against a microwave ovenThe court heard the microwave oven is not a school propertyThe court will hear arguments on whether it is an occupational hazardThe court has been told it is not legal to use the microwave in a public school because it would breach the Occupational Health and Safety ActThe Victorian Supreme Court has ruled against an injunction from the Victorian Department of Education seeking an injunction that would prevent a microwave in the school from being used.
Key point:A Victoria court has ruled the microwave is not an educational propertyThe Victorian Department said the microwave was not a public education propertyThe decision has prompted Victorian Premier Daniel Andrews to order a full inquiry into the microwave industry.
“The use of the microwave at a school does not fit within the scope of the Commonwealth Act,” Justice Matthew Jenson wrote in the decision on Monday.
“Therefore the Department does not intend to grant an injunction in this case.”
Justice Jenson found that the microwave “is not a legitimate educational property” and that the Department “has not shown that it is likely that its use would be harmful or detrimental to the health or welfare of students”.
The Department said it would continue to “defend against the Commonwealth’s legal application to the court”.
Mr Andrews told reporters the ruling “is a clear message to microwave oven manufacturers that they can’t be trusted” to “safely operate microwave ovens in schools”.
“We’re very confident that we’ll be able to work through these issues with manufacturers to get the best outcome for our kids and students, but we’ll certainly look at all options that are available to ensure that our children and students are protected from this dangerous use,” he said.
The Victorian Government has been considering an injunction since last year, but it was dismissed by the Federal Court last year.
The court said it had no intention of “tamping down” on the use of microwave oven in schools, but would consider further options in light of the ruling.
The Department of Health said it “absolutely” supported the Victorian Government’s view that “the use of a microwave at school does constitute an occupational health and safety hazard”.
“Microwaves are a key tool in the development of safe and effective school facilities, which include safe, accessible and convenient education for all students,” a spokesperson said.
“We have always supported the Commonwealths use of public education buildings to develop safe and convenient schools and are prepared to assist the Department in any way it needs to work with microwave manufacturers to address this issue.”