Rural area pool fencing review shelved NT Government admits

The Northern Territory Government has backflipped on its promise to review pool safety laws.

Justin Morgan-Parke, was described as a happy-go-lucky boy. The three-year-old tragically drowned in a back yard spa.

Justin Morgan-Parke was just three years old when he drowned in an unfenced backyard spa.

But as his family mourns the fourth anniversary of his death, the NT News can reveal the NT Government has backflipped on its promise to review pool fencing laws that could have seen an end to exemptions on fences in the rural area.

In the months after Justin’s death, his family pushed for pool fencing laws to be reviewed and updated.

The spa the boy drowned in was on a property larger than 1.8ha, and therefore legally didn’t need to be fenced.

But his parents argued, along with Royal Life Saving NT, these laws should be changed.

When asked by the NT News about what was happening with the review the government admitted it has been axed.

In January 2016 former planning CLP minister Dave Tollner announced the review but it was

put on ice after Labor took government in August 2016.

But in August 2017 the NT News reported the review under Labor was in its final stages.

In January 2018 an NT Government spokesman denied the review had been delayed and would be considered by Cabinet “within the normal process”.

In October 2018 an NT Department of Infrastructure spokesman told the ABC it was reviewing the results of the public consultation that closed in the July.

The government has now said the public consultation received almost 1000 responses, and the government decided not to review the law.

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Justin’s family, who are too upset to speak, are devastated and disappointed.

Infrastructure, Planning and Logistics Minister Eva Lawler said pool fencing in rural and remote areas was an “emotive and complex issue”.

“The report showed the majority of respondents did not support expanding compulsory pool barriers, particularly due to the risk to life and the prevalence of dams, lakes, creeks and other natural water bodies across the Territory,” she said.

“The Territory Government is not proposing to change pool fencing laws, however will continue to encourage Territorians to do what they can take to improve swimming pool safety on their property to keep their family and the community safe.”

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Royal Life Saving NT executive director Floss Roberts questioned why the government had not told anyone they had decided to shelve the review.

The decision not to forge ahead with a review was disappointing, said Ms Roberts.

“I think it’s also disappointing because I don’t want to have to wait until we have another drowning death and them say, ‘oh we need to fix that’,” she said.

She said updated laws around pools and spa did not need to include dams, creeks or rivers.

“It’s about the simple access to home pools needing to be restricted by a pool fence,” she said.

Royal Life Saving NT will continue to campaign for tighter laws, she said.