Pools in WA family daycare centres to stay, for now

The Western Australian Government is backpedalling on its proposal to ban pools in family daycare centres in WA, if not nationally.

Minister for Community Services Tony Simpson declared the potential ban late last year following the death of toddler Lachlan after he was found unconscious in a family daycare centre pool.

Yet last week, Simpson changed his policy tune. “There are currently no plans to ban pools at family daycare premises, noting we are still awaiting the outcome of a coronial inquiry into the circumstances surrounding the death of a child at a family daycare premises in Carramar,” he said.

Family Day Care Australia declined to make their position on the ‘pool or no pool’ debate known, though offered they would “continue to work with Family Day Care WA to inform proportionate regulatory solutions”.

Though the Communicare-supported centre’s pool that Lachlan was found in was reportedly securely fenced, the toddler still managed to enter it, with fatal results. Following his death, his parents campaigned for tighter swimming area regulations, including higher minimum pool fence heights and stricter outdoor access guidelines, under the catchphrase ‘Lachlan’s Law’.

In response, whilst Simpson considered a total pool ban, the WA Department of Local Government and Communities introduced a new condition pursuant to the Education and Care Services National Law (WA) Act that compels educators to be “directly supervising and physically in proximity to any child in their care who is near the swimming pool, spa or other water feature”.

Lachlan’s parents, in a statement, absolved his carer from any responsibility for his death. “He loved his carer and she loved him,” they wrote. “She brought so much confidence and joy to our boy, we will forever be grateful.” The Carramar centre remains closed and its operator suspended, pending the outcome of the coronial inquiry into Lachlan’s death.

Pools in family daycare centres are regulated only on a state and territory basis. NSW allows them provided they are fenced in accordance with legislation, whereas Tasmania, for instance, unconditionally bans them in all ‘education and care service premises’. A spokesperson for the NSW Minister for Early Childhood Education suggested the state does not intend to follow WA’s potential lead in banning pools from family daycare centres.

The federal Education Department stated that, “As this tragic incident is still being considered by the relevant Western Australian authorities, any questions on this matter would best be referred directly to Western Australia.” This is despite the fact that the national Australian Children’s Education & Care Quality Authority has jurisdiction to make rules and regulations that are subsequently legislated by states and territories.

 

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