Swimming Pools Amendment Bill 2009
I speak for Family First on the Swimming Pools Amendment Bill 2009, which amends the Swimming Pools Act 1992 to make further provision in respect of ensuring access to private swimming pools is effectively restricted and for other purposes.
The object of the bill is to provide the legislative framework for consistent and high standard four-sided pool barrier fencing to surround all newly constructed backyard pools in New South Wales. It also aims to ensure that local councils regulate and promote awareness of the requirements, including through use of appropriate compliance mechanisms.
The bill amends the Swimming Pool Act 1992 to remove automatic exemptions that allow some pools to be accessed from a house through child restraint doors. It proposes to remove the automatic exemptions in the Act for new pools to be built on very small, large and waterfront properties. This aims to ensure that all newly constructed pools are surrounded by a four-sided barrier, a self-closing, self-latching gate, and that the pool is separated from the house and adjoining properties and public spaces at all times.
The bill introduces a warning system so that pool owners are issued with at least 14 days notice prior to being formally ordered to fix a deficient barrier. This focuses on compliance rather than punishment to serve the bill’s aim of keeping swimming pools safe. It also proposes that local councils be required to investigate complaints about possible noncompliance with barriers and other requirements under the Act. It requires that all councils undertake investigations within a reasonable timeframe. It proposes that councils must commence investigation of a complaint received in writing within 72 hours where practicable.
The bill also provides councils with optional powers to enter a property and to undertake remedial work to rectify deficient pool barriers where non-action poses a significant risk to public safety and where the owner refuses, or is unable, to do the work. The council must provide notice of intention to do the work. The proposed amendments to strengthen pool barrier requirements deal with pools to be built in the future, not existing pools and those pools built prior to 1 August 1990, as well as pools built after that date on small, large and waterfront properties, including those built up until 1 July 2010.
It is a sad reality that in New South Wales drowning is the second leading cause of accidental death and a major contributor to childhood disability. Reports indicate that eight children under five years of age drowned in private swimming pools in New South Wales in 2007-08. Recent research into barriers around private pools has found that the risk of toddler drowning is significantly less in pools with stronger barrier requirements.
I place on record the meeting crossbench members had with the Samuel Morris Foundation. Michael Morris’s son, Samuel, was left severely disabled as a result of a hypoxic brain injury caused by a near-drowning incident. Samuel is currently in hospital for the thirtieth time. His hospitalisations have included six major surgeries to correct muscular-skeletal problems resulting from his brain injury and multiple admissions for respiratory and other complications.
According to the National Drowning Report, more than half of all children aged nought to four years who die due to drowning die as a result of accidents in backyard swimming pools. Figures from the Australian Institute of Health and Welfare research shows that for every drowning death there are between three and four hospitalisations as a result of near drowning, and one-fifth of those hospitalised will be left with some form of persistent and ongoing disability.
New South Wales research suggests that for every drowning there are up to six hospitalisations. The most alarming study is one conducted by the New South Wales Child Death Review Team that highlighted that drowning is the only cause of child death not to have experienced a significant decline over the decade covered by the report.
I do not oppose the main premise of the bill to protect toddlers and children from drowning in backyard swimming pools. However, I strongly believe that it goes no further in significantly addressing the increased number of child-drowning incidents in the State. Ongoing compliance inspection programs should be conducted by local councils, and pool owners should be required to complete a cardio-pulmonary resuscitation training [CPR] course.
One of today’s newspapers contains an article about a girl who only last week did such a training course and who pulled her four-year-old brother who was drowning out of the backyard pool and gave him CPR. As a result, her baby brother is alive today.
I support the bill and commend it to the House.
