Criminal conviction for NSW pool owner

Lismore City Council says a recent court ruling sends a strong message to local pool owners that it is essential to follow new obligations around pool registration and make sure your pool complies with current standards.

A Goonellabah property owner was convicted in the Lismore Local Court for failing to provide adequate isolation fencing to his swimming pool. Under the New South Wales Swimming Pools Act, pool owners throughout the state are required to provide and maintain isolation fencing that restricts access to the pool area in accordance with Australian standards to prevent accidental deaths by drowning.

The property owner was served with a direction by Lismore City Council Compliance Officers to comply with the pool fencing requirements following an inspection in early 2013. When he failed to do the required work he was issued with a fine for $550 by Council and a further direction. He chose to contest the fine in Lismore Local Court, where the Magistrate recorded a criminal conviction and imposed the $550 fine and an additional $650 for Council’s legal costs. The pool fencing on the property has since been fixed to comply with the requirements of the Swimming Pools Act.

“Backyard swimming pools remain the most common location for both drowning death and injury in kids under five in NSW,” says Lismore City Council’s Manager Development & Compliance, Peter Jeuken.

“Every year on average 33 Australian children under the age of five drown. Council takes its regulatory responsibilities for swimming pool fencing seriously, and will take appropriate action to ensure compliance for the safety of vulnerable people in our community.”

Jeuken says the best way to ensure you’re doing the right thing by your neighbours and the law is to have a valid swimming pool compliance certificate. From April 29, 2014 these will be mandatory in NSW for the sale of any property with a pool and for owners of tourist, visitor and multi-occupancy (high risk) developments. The certificates are valid for three years from the date of issue.

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