Pool fencing

Why we need swimming pool safety laws

Between 1 January 2004 and 18 May 2010, 35 children under five years of age drowned in Queensland’s residential swimming pools, as well as two drownings in wading pools and one in a home-made pool.

Data from the Commission of Children, Young People and the Child Guardian show that drowning is the leading cause of death in Queensland for children aged one to four, at 5.2 per 100 000, including 4 per 100 000 in pools. In addition it is estimated that 50 children attend emergency departments each year due to immersion injuries, some of whom will suffer permanent brain damage.

It is widely acknowledged that supervision is the first line of protection for children. However, an effective pool barrier provides added protection in cases where supervision is ineffective. Queensland Injury Surveillance Unit research in 2002 revealed at least 70 people are alive today because of the introduction of pool fencing laws in the early 1990s.

What the government is doing

The swimming pool safety improvement strategy

Queensland’s swimming pool safety laws have undergone their most comprehensive review in nearly 20 years and an expert committee was established in January 2009 to assist. On 26 April 2009 the committee’s report for public consultation, which included 23 recommendations for improving Queensland’s swimming pool safety laws. Read the report (pdf 1.2 MB).

The Queensland Government is now implementing a two-staged pool safety improvement strategy aimed at reducing the number of immersion injuries and drownings.

Stage one - December 2009

Stage one was introduced on 1 December 2009 and applies to new residential pools and includes a simplification of Queensland’s swimming pool fencing laws and regulation of temporary fencing for pools.

Stage two - currently being implemented

Stage two of the strategy will apply one uniform pool barrier standard to a broad range of pools with mandatory inspections by licensed pool safety inspectors triggered by the sale and lease of properties. To allow pool owners time to comply with the uniform standard there is a phase-in period of five years unless a property is first sold or leased.

On 5 July 2010 the majority of the provisions of the Building and Other Legislation Amendment Act 2010 (BOLA 1) commenced. BOLA 1 established the pool safety inspector licensing system and the state-managed pool register. The licensing system is administered by an independent body, the Pool Safety Council (PSC).

Other Legislation Amendment Bill

The final legislative component of pool safety reforms, the Building and Other Legislation Amendment Bill (No 2) 2010, was introduced into the Queensland Parliament on 18 August 2010 and has yet to be debated.

The Bill and its explanatory notes are available. The Minister for Infrastructure and Planning’s Parliamentary speech, (click on the link and go to the Building and Other Legislation Amendment Bill 2010 (No. 2) in the index to find the speech) introducing the Bill to Parliament, provides an overview.

In summary the Bill includes provisions to: 

  • introduce mandatory pool safety inspections triggered by the sale and lease of properties with pools, including the provision of pool safety and compliance information as part of the sale and lease process
  • extend the pool safety laws to include pools associated with hotels, motels, other residential buildings, caretaker residences, caravan parks and indoor pools
  • reduce the maximum depth of portable pools not requiring a compliant pool fence from 450 mm to 300 mm
  • require mandatory reporting to Queensland Health by public and private hospitals and the Queensland Ambulance Service (QAS) of immersion incidents involving young children
  • provide health professionals with the opportunity to voluntarily report pool immersion incidents and liability protection if they do so
  • remove existing Local Government exemptions, other than exemptions where a person has a disability
  • create a regime for approving pool safety management plans for pools subject to the Integrated Resort Development Act 1987 and the Sanctuary Cove Resort Act 1985
  • introduce the ability to seek an exemption where complying with the new pool safety standard proves to be physically impractical.

A revised draft of the new standard for swimming pool safety barriers QDC MP 3.4. – Swimming Pool Barriers is now available.

The new draft standard has been expanded to cover pools associated with caravan parks, moveable dwelling parks, buildings such as boarding houses, guest houses, hostel and lodging-houses and dwellings associated with another class of building such as an office, retail premises, car park, warehouse and factory. It also includes new requirements for indoor pools.

This standard is not proposed to commence until later in 2010. The department is working with relevant training organisations and other key stakeholders to establish a licensing system and register.

More information