NSW takes risk with self-certification
The NSW Government introduced new swimming pool safety legislation in September, including the establishment of a compulsory statewide pool register. But under this legislation, private pools will not require mandatory inspections by trained inspectors except when the property is being sold or leased.
Instead, the Local Government Minister Don Page has opted for “self-certification” of swimming pools, which means the owners themselves check if their fences comply with the various legislative requirements and safety considerations.
Minister Page had earlier ruled out mandatory council inspections saying they would cost too much, pricing them between $200 and $300 each.
The Minister says the laws were developed after extensive consultation but Spiros Dassakis queries just how wide their consultation has been, seeing that he had written to the Minister five times in five months requesting to be involved in the process but received nothing but stonewalling.
Dassakis also sent a detailed submission to the review committee arguing that the swimming pool inspections should only be carried out by a trained individual who is able to correctly interpret the legislative instruments as well as understand their interaction when it comes to compliance, making a strong case for relevant and trained pool industry members to take that role.
“SPASA NSW does not consider owners of pools competent in undertaking self certification of their swimming pools,” he says. “Furthermore, we consider it improper and even careless for the Division of Local Government to rely on pool owners to self-certify their swimming pools by following a suggested checklist. Additional concerns relate to the owners of the swimming pools who have ‘self certified’ being exposed to litigation in the event of a drowning or other related incident.”
Dassakis says that another serious issue with the legislation is that portable and inflatable pools are not being properly addressed by insisting they are captured in the register at the point of sale.
The new laws:
• Require that any property with a swimming pool must be inspected and registered as compliant before that property can be sold or leased.
• Establish a new offence for failing to register a swimming pool (maximum penalty $2200).
• Require pool owners to self-register free-of-charge on a statewide, online register and certify to the best of their knowledge that their pool barrier complies with the legislation.
• Require councils to develop a locally appropriate and affordable inspection program in consultation with communities.
• Require mandatory, periodic inspections of pools associated with tourist and visitor accommodation and unit blocks.
• Clarify that, where an existing swimming pool that is exempt from the Act’s fencing requirements is fenced voluntarily, the new fencing must meet the Act’s requirements for a compliant, four-sided barrier and the exemption will be removed.
Pool owners will have 12 months to register and self-certify their pools as compliant with current regulations.
On average six children drown in NSW backyard swimming pools each year and about 36 suffer permanent brain injuries from swimming pool accidents.
Listen to Spiros Dassakis and Don Page interviewed by Steve Smith on 2GB.
Watch Spiros Dassakis on Network Ten's The Project discussing the new laws.
