Pool deaths 'should be criminal offence'

A NSW coroner wants a new criminal negligence offence to apply to home swimming pool deaths after investigating eight "preventable" child drownings.

In recommending that the NSW attorney-general consider enacting a new law, Deputy State Coroner Paul MacMahon referred to the obligation to maintain safe private pools.

It would apply in circumstances "where a person dies as a result of the negligence of a third party with respect to the maintenance or use" of the pool, he said.

But he stressed he wasn't suggesting such an offence would, or should, apply to any of the carers or pool owners involved in the eight cases he considered.

In his findings handed down at Glebe Coroners Court on Friday, he also said none of the carers was negligent to an extent sufficient for the more serious charge of manslaughter.

Mr MacMahon investigated the drowning of eight children, all aged under four, between June 2006 and January 2009 in NSW.

"The voices of the young children, whose lives were cut short, must be ... recognised and heard," he said.

In each case, "more effective supervision of the child would have prevented each death".

The coroner recommended the development of a continuing media campaign emphasising "the need for constant supervision of young children who are, or reside, in the vicinity" of home pools.

In five deaths, the barrier fence attached to the pool was either not maintained or non-compliant for other reasons, he said.

In one case, a pool gate was propped open with a tent peg, while in another, the gate was wedged open with broken gyprock.

The coroner called for a second media campaign to emphasise the need to obtain approval for installing home pools, for regular maintenance of fencing and gates, and to ensure gates are never propped open.

One drowning occurred in a pool which was not required to be fenced due to the semi-rural property being in excess of five acres.

Mr MacMahon said consideration should be given to such exemptions being removed from the Swimming Pools Act.

He also called for the development of a centralised register of private swimming pools.

"A systematic plan for the regular review" of all such pools should be developed to ensure they comply with the Act's safety provisions, the coroner said.

Other recommendations related to responsibilities of landlords whose properties include a pool, and of pool sellers.

In suggesting the new criminal offence, Mr MacMahon said it could be analogous to the law relating to negligent driving causing death.

"The circumstances are, of course, different. However, the loss of life of the innocent victim is the same," he said.

The law's existence would emphasise to the community the importance of pool fencing and gates maintenance.

Pool and water safety groups have welcomed the findings.

However, the Samuel Morris Foundation, which promotes drowning prevention and helps people disabled after near-drownings, is worried the government may simply focus on bringing in a new law resulting in criminal charges for parents of drowned children.

Foundation managing director Michael Morris says many of the coroner's other recommendations, including the pool register and systematic reviews to ensure compliance, were just as vital.

The Swimming Pool & Spa Association of NSW wants the state government to fund resuscitation training and mandatory swimming lessons for preschool and school-aged children.