Safety group considers portable pool ban

The NSW Swimming Pool Safety Working Group has produced a draft issues paper for discussion, offering four options to help improve the safety of under-fives in relation to portable swimming pools. It is important to consider that this is a draft document only.

In their draft issues paper they had advocated proposing the NSW Government ban all portable swimming pools capable of being filled with more than 300mm of water. However, comments made to the Sun Herald by Group Chair Professor Danny Cass suggested their favoured option was, at the time they spoke, to modify current legislation so that fencing be sold compulsorily with all portable pools, and seemed to rule out a ban on portable pools.

However, SPLASH! now understands that all options are still being considered as part of the draft review process, and no one option is either favoured or ruled out. The other options include increased investment on health promotion, and to make no changes at all.

Portable swimming pools are defined by the Australian Consumer Law as a pool that is purposed for personal use and comprises inflatable pools of any depth, soft sided pools of any depth, and rigid sided swimming pools holding less than 300mm of water. However, the working group’s definition of portable pools (in the draft paper) also includes large rigid pools capable of being filled with more than 300mm of water.

All pools capable of being filled with more than 300mm of water are required to have compliant safety barriers such as pool fences.

The four options being canvassed by the issues paper are:

Option 1: To impose a ban on portable pools capable of being filled with more than 300mm of water

Option 2: To modify current legislation to include compulsory fencing to be sold with all portable pools

Option 3: Increased investment in health promotion

Option 4: Make no change to current practice and legislation

SPLASH! understands there are concerns among industry members that the banning of any swimming pool would be damaging to the industry by associating swimming pools of any type with a ban. Additionally, there are concerns about terminology, raising fears other types of pools may be bundled in with the small, inflatable pools. Another concern is the detrimental financial impact on retailers who are selling these and other small pools.

SPLASH! also understands that some swimming pool industry members are in favour of Option 3, to increase investment in health promotion.

Since March 2014, the Australian Competition and Consumer Commission (ACCC), in partnership with state and territory consumer protection agencies, has been enforcing a national mandatory safety standard for portable pools and their retail packaging (including mandatory safety warnings).

In October 2014, NSW Fair Trading and ACCC inspectors visited 436 retailers and found 41 were not complying with the new portable pool regulations. 27 traders were issued with 32 $550 penalty notices, while 10 traders received formal warnings.

SPASA NSW has called for interested parties to submit feedback to them, after which it will be relayed to the working group. You can see a copy of the document and respond to it by emailing Spiros Dassakis.

SPLASH! will bring more information to light once the details have been clarified and the Working Group's position is made clear.