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National

Coroner to decide if Sea World toy linked to boy's death can be sold again

Deklan's life support was turned off on April 30 after doctors concluded he was "beyond recovery". (Supplied: Lea Williams, My Cause Fundraiser)

The findings of a Queensland coroner will determine whether a toy involved in the death of a six-year-old boy will be sold again at a popular Gold Coast theme park.

According to authorities, they have concluded their investigation into the tragedy and referred their reports to the Coroner's Court.

Gold Coast boy Deklan Babington-MacDonald died after his life support was turned off on April 30 this year following a "tragic accident" at his home in Nerang.

According to his family and Sea World, Deklan had been playing with a penguin "plush-toy-walker" purchased from the theme park before being found unresponsive in his room.

Gold Coast theme park Sea World where the penguin toy was sold to Deklan's family. (AAP: Regi Varghese)

The toy is described as being a soft penguin toy, wearing a harness, attached to a lead.

Deklan was rushed to the Gold Coast University Hospital in a critical condition, before being relocated to the Queensland Children's Hospital, where his life support was turned off about a week later.

A toy similar to the one bought by Deklan Babington-MacDonald's family at Sea World. (Supplied: LRPM Global)

Queensland Police were not treating the death as suspicious but conducted an investigation, which has since been finalised and a report has been prepared for the coroner.

According to an Office of Fair Trading spokesperson, "the toy was removed from shelves at the time of the incident and an investigation was undertaken by the Office of Fair Trading (OFT)".

"Following a request for information about this issue from the coroner, the OFT provided a response outlining its findings," the spokesperson said.

"The matter is still before the coroner for consideration".

Village Roadshow Theme Parks said in a statement at the time, that the toy had temporarily been removed from sale, pending investigation outcomes.

"We need to understand the circumstances around what has occurred … as our number one priority is always health and safety," the statement said.

Deputy State Coroner Magistrate Jane Bentley told the ABC she was currently investigating the "tragic death of Deklan".

"This matter remains an ongoing investigation … a time frame cannot be provided at this stage," she said in a statement.

"Findings will be made as soon as possible."

Coroner Bentley's findings will determine whether the toy will return to Sea World shelves for sale or if it will be recalled entirely.

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