Pool safety: Victorian coroner’s recommendations following Cairnlea toddler death
A coroner has ruled a Cairnlea toddler’s death, a day after he was found by his mother in the family’s swimming pool, could have been prevented — and is urging Victorians to take action to make sure it doesn’t happen to anyone else.
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A Victorian Coroner has urged the community to register their pools immediately after finding the near-drowning death of a Cairnlea toddler could have been prevented by tougher pool and spa laws.
Coroner Simon McGregor released his findings, blaming the three-year-old’s death on a faulty safety gate from wear and lack of maintenance.
The three-year-old boy was found by his mother in the pool of his family’s home on October 29, 2018.
Court documents reveal the boy was resuscitated and transported to the Royal Children’s Hospital, but after suffering severe brain damage he died the next day.
Mr McGregor’s verdict comes as State Government legislation, requiring owners to register pools and spas with their councils or face hefty fines, was pushed back from its June 1 start date to November because of the coronavirus.
Leader launched its Make Pools Safe campaign in December 2016, calling for an overhaul to the outdated and confusing pool laws following the drowning death of a Croydon South boy in his unfenced backyard pool four years ago.
The new laws mean after registering, pool and spa owners have to organise and pay for safety barriers to be inspected and certified within one to three years, depending on the age of the pool.
The barrier must be inspected every four years and the certification lodged with the council.
Now in his June 2020 inquiry, Mr McGregor ruled the Cairnlea toddler’s death could have been avoided had these new restrictions been in place.
“If this regime had been in place prior to Baby M’s death, and had it been effectively enforced and complied with, it is likely that the wear on the gate would have been detected and Baby M’s death would have been prevented,” Mr McGregor found.
“All Victorians who own pools or spas must register them as soon as possible.
“To ensure that these pools are well-maintained, local councils in Victoria must ensure that the requirements of the regulations are rigorously enforced.”
In his recommendations the coroner determined certain materials used in hinge and latch mechanisms might be vulnerable to decay over time.
Mr McGregor found the toddler entered the pool through a faulty safety gate with a self-closing hinge and latch which had deteriorated making it ineffective unless significant force was applied when closing.
The coroner recommended consideration be given to changing the Australian standard on these devices to reflect how wear over time impacts mechanisms and material in self-closing hinges.
He also said Victorian councils could do more than simply advertise and operate the new laws.
He said the toddler’s mother wrote to the court encouraging her council to communicate the gravity of the risks with residents at the start of the registration and safety inspection program.
“I urge all local councils in Victoria to engage in community outreach to ensure that all swimming pools are safe and to offer their residents education and assistance in maintenance and safety,” Mr McGregor said.
“These children’s deaths are preventable. Local councils can play a key role in their prevention.”
Kidsafe Victoria general manager Jason Chambers said the organisation supported the introduction of the pool and spa barrier regulation changes, including the introduction of a mandatory registration and inspection system.
“The introduction of measures such as a mandatory registration and inspection system, in combination with ongoing education campaigns, are vital to effectively reduce the rate of childhood drowning in home pools and spas in Victoria,” Mr Chambers said.
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