Northern Territory Second Reading Speeches

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SWIMMING POOL FENCING (CONSEQUENTIAL AMENDMENTS) BILL 2002

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Madam Speaker, I move that the bills be now read a second time.

I take this opportunity to introduce the Swimming Pool Fencing Bill 2002 and the Swimming Pool (Consequential Amendments) Bill 2002 into the House. There has been a considerable amount of media coverage on this issue since government first announced in April 2002 that it was undertaking a review of swimming pool fencing legislation in the Northern Territory. Following consultation with municipal and community councils, the Chief Minister announced on 30 June 2002 that the government would legislate and enforce swimming pool fencing laws in the Northern Territory.

On 19 September 2002, the Chief Minister and myself announced the government’s five point water safety plan to help prevent children drowning. The five point plan covers:

1. the introduction of swimming pool fencing legislation to Australian Standards, which is the subject of the bill that I introduce today;
2. an early registration incentive scheme with a cash bonus;

3. interest free five year loans to help fund upgrades;

4. a government subsidised water awareness program for children under five; and

5. the establishment of a Water Safety Advisory Council to advise government on broader water safety issues.

Madam Speaker, the government wants to work with the community and do as much as we can to help to reduce the numbers of children drowning. Government is committed to ensuring that we provide the safest possible environment for children around water. The five point water safety plan is designed to help prevent the tragedy of children drowning and strikes the right balance between protecting our children and preserving our outdoor life style. Madam Speaker, we know it is the right thing to do, it is also about gaining parents some time.

Water safety is a much larger issue than swimming pool fencing alone. It is important that we adopt a range of measures that help prevent the tragedy of drownings. Government has put a lot of thought into designing the plan and we want to ensure that we encourage parents and carers to raise the water safety levels of the under five age group.

The government will financially help parents with a water safety voucher that will help offset the cost of water safety or swimming lessons for under fives. This, and other safety measures under the five point water safety plan, will be the responsibility of the Water Safety Advisory Council.

The main objective of this legislation is to ensure that the requirements for swimming pool fencing in the Northern Territory are brought up to Australian standards as soon as possible. The overall aim of the legislation is for improved swimming pool fencing standards to give those who care for children more time to react to prevent a child drowning.

The legislation will apply to the fencing of swimming pools and spas, outdoor and indoor, in the Northern Territory. Above ground pools must be fenced, unless the wall of the pool is at least 1.2 m high, providing that the latter site is isolated, and pool supports are also isolated.

Fencing for new swimming pools will be required to comply with the Australian standards with the commencement of this legislation. Existing swimming pool owners will not be required to upgrade to Australian standards for swimming pool fencing until their property is sold.

However, as the government wants to encourage Territorians to upgrade their existing pools as quickly as possible, for the first 18 months following the commencement of the legislation, the government will provide an early registration incentive scheme, including a cash bonus, and an interest free loan to help out. These incentives for the upgrading or installation of the fencing and barriers are designed to encourage existing swimming pool owners to bring the swimming pool fencing up to the Australian standards as soon as possible. What this means is that government will provide a cash bonus up to one-third of the estimated amount required to upgrade or install a fence or barriers, to a maximum of $1667. The interest free loan for up to five years, for owner/occupiers only, will be paid to eligible persons to meet the balance of the cost of upgrading swimming pool barriers, and would be capped at $3333; that is, a $5000 swimming pool barrier less the cash bonus of $1667. The amount of the cash bonus and any loan would be determined following registration of a swimming pool, the presentation of the inspector’s report, and recommendation to the Swimming Pool Fencing Authority. It is the Swimming Pool Fencing Authority which will approve the amount of the cash bonus and loan payable under the schemes.

Owners of investment properties will need to upgrade their pool fencing when there is a change in occupancy. Changes will be made to the Residential Tenancies Act to ensure that the responsibility for swimming pool fencing compliance rests with the landlord. The interest free loan will not be available to investors, as they have access to other means of finance, and this expense relates to commercial property; that is, it is not their principle place of residence.

Those with pools on a property of two hectares or larger will be exempt from the requirement to fence their swimming pools under the legislation. However, they may choose to register their swimming pool under the new system. Because we want as many swimming pools upgraded as soon as possible, registered swimming pool owners on large properties will be eligible to apply under the early registration incentive scheme, therefore benefiting from the cash bonus and loan scheme.

All other swimming pool owners will be required to register their swimming pools within 18 months of the commencement of this legislation. Where swimming pools are registered within the first 18 months, the early registration incentive scheme will be available to those who choose to upgrade their pool fencing to the new standards.

The minimum requirement for registering a swimming pool or spa will be that the fencing complies with a current local government requirements in particular area; that is, pool and spa owners should ensure that their fencing meets the current legal requirements.

My department will have the responsibility for the administration of the swimming pool fencing legislation. A dedicated unit will be established in the Department of Community Development, Sport and Cultural Affairs consisting of technical and administrative staff including a telephone advisory service. The hotline number is 1300 301 059 which may be contacted during normal business hours.

There will be an inspection of all swimming pools on registration, that is, of all existing swimming pools and all the new swimming pools with subsequent self-regulation. However, there will be compliance checking by inspectors each year.

My department has met with representatives of the Local Government Association of the Northern Territory, commonly known as LGANT, and has listened and taken on board their views on how to implement the proposed legislation. The government will take on the task of implementation of the legislation. There is power to allow swimming pool fencing regulation to be delegated to local governing bodies and others in the future but this will only be considered after there is an effective system in place.

The government well appreciates the need to achieve a flexible, realistic approach in the implementation of this legislation. The staging of implementation will assist. The legislation also provides that a swimming pool fencing authority will have the power to vary the standards in some circumstances to achieve a practical and reasonable effect in providing a barrier between a residential building and a swimming pool. The legislation includes a range of provisions which will allow pool and spa owners to apply for registration with non-standard fencing. The application process will be straight forward and for existing pools and spas there will be no cost to register under the new system. The guiding principle that will be applied will be that which has guided the development of the legislation, the need to give those who care for children time to react. This is in addition to the general exemption for properties larger than two hectares.

A two-stage appeal process will be available where people are not happy with the decision of officers of my department or the Swimming Pool Fencing Authority. A review committee would be established consisting of a senior public servant, a representative of the Water Safety Advisory Committee and another person determined by myself. Finally, if the person is still not satisfied with the decision of the Review Committee, then an appeal could be made to the Land and Mining Tribunal. A widespread public education and community awareness campaign will be conducted prior to the new laws coming into effect. In addition there will be an ongoing water safety education and awareness program. This will also include advice to swimming pool owners on a regular basis to remind them of their responsibilities to maintain fences, gates and other child resistant barriers.

Finally, the Swimming Pool Fencing (Consequential Amendments) Bill 2002 will amend the Residential Tenancies Act to ensure that a landlord complies with the Swimming Pool Fencing Act and that any swimming pool meets the required standards as soon as there is a change in tenancy.

Madam Speaker, I commend the bills to honourable members.

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