A coroner investigating the drowning death of a toddler has strongly recommended the New South Wales government change laws for people who fail to comply with fencing requirements.
The amended law would see pool owners facing a mandatory jail sentence if a child drowns in their pool due to their carelessness — similar to a negligent driving occasioning death charge.
Armidale Coroner Karen Stafford made the recommendation after ruling Sebastien Yeomans' death could have been prevented if adequate pool fencing was constructed. The two-year-old drowned to death in his neighbour's unfenced pool after wandering into his yard in May 2012. His mother, Leisa, pulled her son from the pool and gave him CPR until emergency services arrived on the scene, but Sebastien died two days later at Newcastle's John Hunter Hospital.
Police alleged the pool's owner, Philip Cameron, had failed to repair a broken fence and, as a result, the child was able to access the water.
Following the incident, Cameron set a new precedent for the state after being the first person to be charged with manslaughter over a backyard drowning death. However, with no reasonable prospect of conviction the Director of Public Prosecutions later dropped all charges.
The director of Hannah's Foundation, an organisation campaigning for pool safety and education, echoed the coroner's sentiments. "I have no doubt more people will die," Andrew Plint told News Corp. "There has to be a deterrent factor. If people know they're going to get a penalty, they will reconsider their actions, but until there are consequences, people won't take responsibility,"
However, not all agree.
Royal Life Saving NSW operations manager Michael Ilinsky said proper education for pool owners was a more feasible solution. "We need to ensure home pool owners understand their obligations in regards to pool safety first ... we need increased education, if we find through the inspection regimen the noncompliance issue is being treated as a joke and people are still not taking pool safety seriously, then maybe there should be actions put forward for a stronger penalty system."
It is unclear if other states are considering changes to the law regarding pool drownings.
This is a good reminder to all of us at SPASA that our members have a significant safety responsibility while working in and around pools. And certainly why we must stress to all stakeholders, the need to ensure compliance and safety.