NT Coroner hands down findings into tragic drowning death of Baby Croker

Criminal penalties for unsafe pools and mandatory fences on large properties could be on the cards following a tragic drowning at a Katherine backyard barbecue.

The tragic drowning death of a two-year-old girl at a backyard barbecue while dozens of adults sat just metres away could prompt an overhaul of one of the Territory’s most controversial pool safety loopholes.

The NT Coroner on Friday handed down her findings from an inquest into the death of the girl known as Baby Croker, who was discovered unresponsive in the pool by another child at a local footy team catch up in Katherine on April 2, 2022.

Baby Croker was remembered as a happy, outgoing, and curious girl who always made everyone laugh, loved watermelon and fish, playing with her dolls, and visiting family in Borroloola.

Baby Croker tragically drowned during a social barbecue at a Katherine home. Picture: Supplied.

Evidence presented in the May inquest revealed many crucial factors required for pool safety were sadly missing on the day of her death.

While adults could see the kids playing from where lunch was being served in the carport of the suburban Katherine home, none were actively supervising the pool area.

The gate was propped open so the children could come and go from the pool as they wished, and even if it had been shut, inspections later revealed faults that meant the fence and gate were not up to standard.

The pool gate was propped open with a 9kg gas bottle, allowing the children to come and go as they pleased. Picture: Supplied.

“We failed Baby Croker,” Coroner Elisabeth Armitage said, emphasising the need for all adults to think about water safety.

“Common decency points to all the adults, and perhaps particularly the host who invited the children to use the pool, sharing joint responsibility for ensuring all the children were safe and properly supervised.

“It is a tragedy that although there were many adults at the function, none were actively supervising … that is, none were inside the pool fence, or within arms-reach, of any of the children.

“Baby Croker, and all our children, deserve better.”

Adults could see the pool from where they were sitting, but no-one was actively supervising the children swimming. Picture: Supplied.

The Coroner recommended the Territory’s pool safety Act be updated to implement regular pool fence inspections, and to remove exemptions such as the one allowing pools and spas on properties larger than 1.8ha to be unfenced.

“From the perspective of risk, there is no discernible justification for pools not to be properly fenced based on the size of the property,” Ms Armitage said.

She recommended the “adequacy of current penalties” be reassessed, and that the Swimming Pool Safety Authority establish policies and guidelines to enforce pool safety laws.

The Department of Health was also directed to share data on non-fatal drownings with the Authority, who currently receive no information on non-fatal incidents.

Since 2010 there have been more than 240 fatal and non-fatal child drownings reported to public hospitals in the Territory, more than half of which occurred in a private pool.