Community consultation on – Review of Queensland swimming pool safety laws
Review of responses received April - June 2009
Providing the community and stakeholders with the opportunity to comment on measures recommended in the pool safety laws review.
Executive summary
An independent committee was established by the Department of Infrastructure and Planning to conduct a review of Queensland’s swimming pool safety legislation. During the review process, the committee investigated key areas of pool safety, compared pool safety legislation in different states and territories, and considered submissions from key stakeholders and peak bodies. The Review of Queensland’s swimming pool safety laws report outlined the findings of the committee and proposed a number of measures to improve Queensland’s pool safety legislation.
The State-wide consultation process occurred throughout April – June 2009 with a total of 334 responses received from individuals and organisations. These comprised 68 detailed written submissions, 97 email responses and 169 online response forms, with some respondents providing feedback using multiple methods. Although some written submissions were made by members of the community, the overall trend was for response forms to be used by the community and submissions to be made by industry and key stakeholder groups, including Local Government and water safety organisations.
There was broad support from Local Governments and peak industry and community organisations for the review. There was also general agreement on the committee’s suggestions, including those proposing mandatory inspections of new swimming pools within six months, inspections of new houses with pools within two years, allowing compliant temporary swimming pool fencing until a permanent pool fence is in place, mandatory compliance inspections and certificate prior to the sale or lease of a property with a pool, widening of swimming laws to apply to pools at hotels, motels and indoor pools, and requirements for Local Governments to develop and maintain a swimming pool register.
There was also a high level of community support (50-78%) for nearly all of the committee’s suggestions. The proposed measures which received the greatest support from the community were that pool fence inspectors should be trained and licensed (78% supported) and that compliant temporary swimming pool fencing should be allowed until a permanent pool fence is in place (73% supported). Other strongly supported suggestions included that Local Governments be required to undertake a swimming pool safety inspection upon receiving a pool safety complaint (72% supported), and the development of one model local law for Local Governments to use for swimming pools not covered by State laws (67% supported).
The two proposed measures which received the lowest levels of community support were inspections and certificates for swimming pools prior to properties being sold or leased (54%) and requirements for Local Governments to develop and maintain a swimming pool register (50%).
Several submissions provided further ideas to improve the existing pool safety laws and compliment the committee’s suggestions.
Table of contents
1. Background 5
2. Methodology 5
3. Consultation results 6
3.1 General results 6
3.1.1 Local Government responses 6
3.1.2 Peak industry and community organisation responses 6
3.1.3 Community responses 6
3.2 Responses 6
3.2.1 Widening swimming pool safety laws 6
3.2.1.1 Forum feedback 6
Other swimming pools 6
Portable swimming pools 6
Education 6
Local Government exemptions 6
Phase-in period for existing pools 6
3.2.1.2 Other responses 6
3.2.2 Rationalising pool fencing standards 6
3.2.2.1 Forum feedback 6
3.2.2.2 Other responses 6
Swimming pool fencing laws should be rationalised so that there is only one law for all pools 6
Existing swimming pools should meet pool fencing laws at point of sale or lease or within five years, whichever occurs first. 6
3.2.3 Restricting Local Government pool safety laws 6
3.2.3.1 Forum feedback 6
3.2.3.2 Other responses 6
One model law should be developed for Local Governments to use for swimming pool fences not covered by State laws. 6
3.2.4 Mandatory follow-up inspections for new pools 6
Follow-up inspections 6
Enforcement by private building certifiers 6
Temporary pool fencing 6
3.2.4.2 Other responses 6
New swimming pools should be inspected within six months and new houses with pools should be inspected within two years. 6
Compliant temporary swimming pool fencing should be allowed until a permanent pool fence is in place. 6
3.2.5 Registering swimming pools 6
3.2.5.1 Forum feedback 6
3.2.5.2 Other responses 6
Local Governments should develop and maintain a swimming pool register. 6
3.2.6 Mandatory on-going pool safety inspections 6
3.2.6.1 Forum feedback 6
Mandatory inspections at point of sale or lease 6
Mandatory inspections following a compliant or an immersion 6
Pool fence inspectors 6
Powers of entry and enforcement 6
3.2.6.2 Other responses 6
Swimming pools should be inspected and a certificate issued before properties with swimming pools can be sold or leased. 6
Pool fence inspectors should be trained and licensed. 6
Hospitals should notify their Local Government when patients who have been involved in a swimming pool immersion incident are admitted. 6
Local Governments must undertake a swimming pool safety inspection upon receiving a pool safety complaint or following an immersion incident. 6
3.2.7 New Australian Standard for pool fencing 6
3.2.6.1 Forum feedback 6
3.2.6.2 Other Responses 6
3.2.8 Miscellaneous 6
3.2.8.1 Forum feedback 6
Revised cardiopulmonary resuscitation (CPR) signs 6
3.2.8.2 Other responses 6
New swimming pools should be required to display the cardio pulmonary resuscitation (CPR) signage adopted by the Australian Resuscitation Council. 6
3.2.9 Of all of the ideas considered in the review, which do you think is most important? 6
3.2.9.1 Local Government responses 6
3.2.9.2 Peak industry and community organisation responses 6
3.2.9.3 Community responses 6
3.3 Further suggestions for improving pool safety 6
3.3.1 Local Government 6
3.3.2 Peak industry and community organisations 6
3.3.2 Community 6
4. Attachments 6
Attachment 1 – Swimming pool safety review committee report 6
Attachment 2 – Sample response form 6
Attachment 3 - List of industry and key stakeholder respondents 6
1. Background
On 14 December 2008, the Honourable Anna Bligh MP, Premier and Minister for the Arts, announced a comprehensive review of Queensland’s swimming pool safety legislation.
The review was announced to address increasing concerns, including those expressed in several Coroner Reports, a respected body of research, and by media and members of the community, that Queensland’s current swimming pool fencing laws are inadequate in preventing the tragedy of children under five years of age drowning or suffering immersion injuries in residential swimming pools.
In December 2008, the Department of Infrastructure and Planning established an independent committee to conduct the swimming pool safety review. The committee comprised members from State Government, Local Government Association Queensland, industry, and child and water safety groups. The scope of the review targeted legislation relating to swimming pools associated with Class 1 - 4 buildings (including houses, townhouses, units, hotels motels, and other types of accommodation buildings) and, in particular, fencing standards and signage provisions. The committee investigated key areas of pool safety, compared pool safety laws in different States and Territories, and considered submissions from key water safety organisations, peak bodies and child drowning advocates.
To address inadequacies in structural requirements, compliance and monitoring methods and education awareness, a report (Attachment 1) was prepared which detailed the committee’s 23 recommendations across eight improvement areas.
The eight key areas identified by the committee were:
· Widening swimming pool safety laws
· Rationalising pool fencing standards
· Restricting local governments pool safety laws
· Mandatory follow-up inspections for new pools
· Registering swimming pools
· Mandatory ongoing pool safety inspections
· New Australian Standard for pool fencing
Some additional improvement areas also recommended were collection of essential information for future reviews, education and awareness campaigns and cardiopulmonary resuscitation (CPR) signs.
2. Methodology
Community consultation on the committee’s report was conducted over a six week period from the 26 April 2009 to 5 June 2009.
In May 2009, the Department of Infrastructure and Planning conducted a series of public consultation forums in nine regions across the State (Mackay, Townsville, Cairns, Rockhampton, Mt Isa, Sunshine Coast, Gold Coast and Brisbane). These forums gave the community an opportunity to have their say on the committee’s report and on swimming pool safety in general. Attendees at the forums included representatives from Local Governments and the swimming pool industry, building certifiers, interested individuals and pool owners.
During the consultation period, the committee’s report and a response form (Attachment 2) were available both in hard copy and electronically on the Department of Infrastructure and Planning’s website www.dip.qld.gov and the Queensland Government public consultation website www.getinvolved.qld.gov.au. The response form was developed to enable respondents to indicate their level of support for each of the proposed measures, as well as their opinions regarding the review process and current swimming pool safety legislation.
Respondents were also able to prepare a more detailed written submission, and were encouraged to identify further suggestions for improving the Queensland’s swimming pool safety laws.
3. Consultation results
Responses to the discussion paper were received from a total of 334 individuals and organisations (see Attachment 3 for full list of organisations). This was comprised of 68 written submissions, 97 email responses and 169 online responses. Half of the community responses were made using the response form. The bulk of peak bodies, Local Governments and community organisations responded with detailed submissions.
With regards to the format of this report, general results are presented first, followed by individual results for each proposed measures. Results have been further separated into Local Government responses, industry, peak and community organisation responses, and community responses. The written submissions provide qualitative information, while the response forms were able to be analysed quantitatively due to their standardised format. Feedback from the community forums has been summarised in the final section.
3.1 General results
3.1.1 Local Government responses
There was broad support from Local Governments for the majority of proposed measures. Some Local Governments (including Brisbane City Council (BCC) and Central Highlands Regional Council (CHRC)) expressed concern about the financial and resource implications of the proposed measures, particularly the creation and maintenance of a swimming pool register. Other Local Governments were not supportive of the proposed requirements for inspections after complaints and at point of sale and lease, particularly due to the geographic size of the council areas and the resources involved in undertaking the inspections.
Moreton Bay Regional Council (MBRC) is not supportive of simplifying the pool laws into one standard or the proposed mandatory inspections at point of sale or lease. Mackay City Council (MCC) is generally supportive of the recommendations and conclusions of the review but believes that any new laws should not be statistically driven and should focus on safety at all locations. Development of legislation should not be driven by coronial inquests but by the recognition of hazards.
Rockhampton City Council (RCC) want Local Governments to be provided with a mechanism to recoup costs from implementing any legislative changes. Legislation should place the responsibility on the owner of the pool rather than the Local Government. The Gold Coast City Council (GCCC) was in agreement with many of the recommendations of the swimming pool safety review but thought the responsibility of the pool fence should rest with the pool builder and not the consumer
3.1.2 Peak industry and community organisation responses
A number of industry, peak and community organisations including the Queensland Master Builders Association (QMBA), Real Estate Institute Queensland (REIQ) and Hannah’s Foundation, expressed broad support for the review and the majority of proposed measures. Queensland’s Commission for Children and Young People and Child Guardian (CCYPCG) supports the Queensland government’s initiative to reduce drowning deaths of children under 5 years, in swimming pools through the improvement of pool fencing legislation.
The proposed requirement for existing swimming pools to meet pool fencing laws at point of sale or lease or within five years, whichever occurs first, was highly supported in the online responses and generally supported by the majority of peak bodies
Some organisations, such as the QMBA, suggested further attention be given towards the ongoing education of parents/carers regarding supervision of young children around swimming pools. QMBA suggested that the role of education and media programs in increasing parental/adult’s supervision was of equal importance to fencing regulations.
Queensland Law Society (QLS) supported the review of Queensland’s swimming pool legislation and provided feedback on contractual issues in relation to the recommendation for mandatory on-going inspections of swimming pools at point of sale and point of lease.
3.1.3 Community responses
A high level of community support (where support is indicated by the percentage of responses that were either "agree" or "strongly agree") was provided for nearly all of the proposed measures (i.e. levels of support of between 50% and 78%) (Table 1).
The suggestions which received the highest overall levels of community support were requiring pool fence inspectors to be trained and licensed (78%), allowing compliant temporary swimming pool fencing until a permanent pool fence is in place (73%), and requiring Local Governments to undertake a swimming pool safety inspection upon receiving a pool safety complaint or following an immersion incident (72%).
Other measures which received high levels of support were developing one model law for Local Governments to use for swimming pool fences not covered by State laws (66.7%), rationalising swimming pool fencing laws so that there is only one law for all pools (64.4%) and requiring existing swimming pools to meet pool fencing laws at point of sale or lease or within five years (60%) (Table 1, Figure 1).
The proposed measures which received the lowest levels of community support were requiring swimming pools to be inspected and issued with a certificate before properties with swimming pools can be sold or leased (54%) and requiring Local Governments to develop and maintain a swimming pool register (50%) (Table 1, Figure 1). These measures polarised the views of stakeholders.
Table 1. Summary of response forms received during the consultation period
Response form question / Supported / Opposed / TotalSwimming pool fencing laws should be rationalised so that there is only one law for all pools. / 123 / 56 / 191
64% / 29% / 94%
Existing swimming pools should meet pool fencing laws at point of sale or lease or within five years, whichever occurs first. / 115 / 60 / 191
60% / 31% / 92%
One model law should be developed for Local Governments to use for swimming pool fences not covered by State laws. / 94 / 31 / 141
67% / 22% / 89%
New swimming pools should be inspected within six months and new houses with pools should be inspected within two years. / 104 / 40 / 157
66% / 26% / 92%
Compliant temporary swimming pool fencing should be allowed until a permanent pool fence is in place. / 116 / 26 / 158
73% / 17% / 90%
Swimming pools should be inspected and a certificate issued before properties with swimming pools can be sold or leased. / 88 / 60 / 162
54% / 37% / 91%
Local Governments should develop and maintain a swimming pool register. / 78 / 60 / 155
50% / 39% / 89%
Pool fence inspectors should be trained and licensed. / 124 / 25 / 160
78% / 16% / 94%
Hospitals should notify their Local Government when patients who have been involved in a swimming pool immersion incident are admitted. / 99 / 43 / 160
62% / 27% / 89%
Local Governments must undertake a swimming pool safety inspection upon receiving a pool safety complaint or following an immersion incident. / 115 / 33 / 160
72% / 21% / 93%
New swimming pools should be required to display the CPR signage adopted by the Australian Resuscitation Council. / 122 / 13 / 158
77% / 8% / 85%
NB: A measure was considered supported where respondents indicated “Agree” or “Strongly Agree” and not supported where respondents indicated “Disagree” or Strongly Disagree”. This table does not show the number of respondents who indicated a “Neutral” response (please see the results for individual measures for a more detailed breakdown). Further, in cases where some respondents did not answer all of the questions the number of responses may be less than the overall total of number of response forms received.