Australian Institute of Building Surveyors calling for Tasmanian pool safety laws to be changed

The findings of a coroner’s report into the drowning death of a four-year-old has triggered criticism of current laws around pool safety and fencing.

Baby leaning on swimming pool fence protection.

“Outdated, woefully inadequate, and illogical” is how the Australian Institute of Building Surveyors (AIBS) has described Tasmania’s current laws around pool fencing.

The issue is under the microscope after earlier this week Coroner Robert Webster handed down his findings into the drowning death of four-year-old Tallen John Pitt at Bridgewater in 2020.

In the report, Mr Webster recommended reforms to make it an offence for homeowners to have pools without appropriate fencing, mirroring legislation in NSW.

He also recommended that the state government and each council run an education program before the start of summer each year, highlighting key water safety messaging and pool fencing requirements.

Australian Institute of Building Surveyors Tasmania Director Roland Wierenga. Picture: Supplied.

AIBS Tasmania Director Roland Wierenga warned that without urgent change, more children could drown in backyard pools this coming summer.

“The Tasmanian Government should move without delay to rectify longstanding

loopholes in the existing regulations in the interests of child safety,” Mr Wierenga said.

“These laws have been in place for decades, and we call on the current government to

recognise that change is long overdue and to act immediately to fix the problem.

“Under the current legislation, anyone can go to a supermarket or hardware store

and buy an above-ground pool, and they are free to install it without approval or

supervision of a competent authority provided they already have compliant fencing

installed at the property.”

Mr Wierenga said that if a homeowner needed to install a fence around an above-ground pool, they had to jump through many hoops to construct it.

“This is incomprehensibly illogical, and with the advent and increasing popularity of

cheap do-it-yourself swimming pools is a danger to public safety.

“Permission should be required to install any swimming pool and a secure fence at

the same time.”

Swim instructor teaching children to swim in pool. Generic.

A state government spokesperson said it was considering the coroner’s findings and recommendations in detail.

“The Tasmanian Government is committed to the safety of children who use pools and spas and to ensuring the risk of children accessing pools and spas is controlled,” they said.

“Tasmania’s building and consumers affairs regulator (CBOS) has been engaging in pool safety education for many years, including through print, social media and online activities.

“These educational activities have included pool safety messages developed by the Royal Life Saving Society and Australian Consumer regulators.

“CBOS will continue to provide education to the Tasmanian community to reinforce pool safety messages and legal requirements.”

The spokesperson said that Tasmania has had legislation since 1994 requiring mandatory safety barriers for new pools and spas more than 300mm deep.

“If residential swimming pool fencing requirements, as set out in the National Construction Code, are not complied with, both the person performing the building work and the owner of the building may be guilty of an offence under the Building Act 2016.”