PulseTec Solutions is a leading provider of software systems and solutions to the health and fitness industry for more than a decade. Our key products and services include ClientConnect studio and…read more
Leading law firm advises parents of rights and responsibilities at public pools
Leading Australian law firm Maurice Blackburn Lawyers have shared an insightful Blog on the rights and responsibilities of parents at public swimming pools.
Written by Dimi Ioannou, a Principal in Maurice Blackburn's Melbourne office, the Blog outlines several things that parents and caregivers can do to avoid incidents or take quick action if something does go wrong and complements messages such as ‘We’re Not Babysitters! - Parents Supervise, Lifeguards Save Lives’ from aquatic management and water safety groups.
Ioannou starts the Blog by explaining “swimming is part of the great Australian summer experience, but before you let your kids into the water you should take a few moments to consider their safety.
“Sadly, 403 children under the age of five died in Australian waterways between 2002 and 2015. As a parent or guardian, there are several things you can do to avoid incidents or take quick action if something does go wrong.”
The Blog continues:
Supervision is the top priority when taking your child swimming, and this is your responsibility as a parent or guardian. It’s vital to keep a constant watch on any children in your care while they are in the water; you will want to make sure action is taken as soon as something goes wrong.
If you’re going to a public pool or beach, there may be lifeguards present. You should always follow the directions of these lifeguards, particularly when it comes to matters such as swimming between the flags and observing safety guidelines. Let your kids know that they should listen to the lifeguards.
Think about your child’s swimming abilities - it’s wise to introduce kids to the water in a safe, supervised manner. This could involve swimming lessons from an early age, so that they are comfortable and capable in water environments. Depending on the needs of your child, safety equipment (such as flotation devices) can be purchased and used in public pools or beaches, which can help to prevent incidents from occurring.
Parents' responsibilities around water
Public pools can often be crowded, particularly during the heat of summer, so parents should keep a watchful eye on any children in their care. Even when lifeguards are present, it’s best to err on the side of caution. That is, there can never be too much supervision for children in the water.
You should ensure your child follows the safety rules and guidelines set out by public pools and beaches. These rules could include swimming between the flags at the beach or not running around the pool. If your child plays by the rules then an accident is less likely to happen, and it is more likely to be a safe environment for them and other children in the area.
The responsibilities of public pools
If you’re taking your child to a public swimming pool, it’s worth noting that the pool facilities are required to adhere to particular standards. This includes making sure all staff are properly trained to respond in case of an emergency, whether it’s a first aid situation or otherwise. The pool facility must also provide the appropriate level of staff to ensure the pool is fully supervised in relation to the number of people present.
Public facilities must undertake regular risk assessments to ensure they have proper risk management strategies. This can include clear placement of signs, ensuring proper slip protection is set down and having emergency plans in place. The Australian Water Safety Council monitors these issues, and more detailed information is available on their website.
By taking appropriate safety measures, a pool facility minimises the risk of injuries occurring, and also mitigates their risk of liability. This creates a safe recreational environment for everyone.
What if something goes wrong?
If you or your child experiences an incident in or around the water, there are measures you can take. In order to make a public liability claim you must establish that your child has suffered a significant injury due to the negligence of another party. If these elements can be established, you may be entitled to damages for pain and suffering, loss of earning or earning capacity, and past and future medical expenses.
When assessing these claims, the courts will give consideration to whether or not you took reasonable care for your child's safety by adhering to the relevant rules (be it at the pool or the beach).
For other parties, such as the public pool, the courts will look at whether they had reasonable plans and steps in place to prevent incidents from happening. This may include whether they had appropriate risk assessments and risk management plans, proper training and supervision at the time of the incident, or that the relevant standards were properly adhered to.
Maurice Blackburn Lawyers are Australia's leading compensation and social justice law firm.
Click here to view the original Blog.
For more information on Maurice Blackburn Lawyers go to www.mauriceblackburn.com.au
Disclaimer: This article is the opinions of their authors with the contents published for general information. It is not intended as professional advice - for that interested parties should consult a solicitor, barrister, or other suitably qualified professional.
Images used for illustrative purposes only.
15th February 2016 - ROYAL LIFE SAVING HELPS NEW VICTORIAN ARRIVALS TO SWIM AND SURVIVE
10th December 2015 - NEW REPORT SHOWS TODDLERS STILL HAVE HIGHEST DROWNING RISK
26th November 2015 - WATCH AROUND WATER GETS SOUTH AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION BACKING
7th October 2015 - FIVE NEAR DROWNINGS AT INVERCARGILL SWIMMING POOL LEAD TO RULE CHANGES
3rd February 2015 - AUSTRALIAN POOL SUPER VISION TO BE SHOWCASED TO US AQUATIC PROFESSIONALS
29th August 2011 - LIFEGUARDS ARE NOT BABYSITTERS!: WATCH AROUND WATER LAUNCHES NEW WEBSITE
Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?
The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.
However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.
Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.
Subscriptions cost just $90 a year.
Click here to subscribe.
The Complete Guide to Leisure Industry Products & Services.
Anti Wave International is the original suppliers of top performance swim, aquatic sports, leisure and pool programming equipment. Founded in 1971, Anti Wave International is proud of its…read more
Regupol Australia Pty Ltd offers a comprehensive range of recycled rubber fitness and leisure flooring surfaces. Their range of products include everroll rubber flooring, Regupol elastic…read more
Hydrocare Pool Services Pty Ltd offer 30 years of experience in aquatic industry features, products and water treatment. Hydrocare Pools has undertaken water treatment for aquatic centres and…read more
Gladstone Health & Leisure (Gladstone MRM Pty Ltd Australia) is a leading supplier of leisure management and fitness software and is endorsed by leading health and fitness professionals and…read more
Augmented Creative is an open organization of like-minded and highly dedicated, creative people who conceive, plan and execute visual solutions. We pursue new and innovative visual ideas to help…read more
Goplay designs and manufactures specialised playground equipment for indoor play centres, hotels, food chains, clubs and resorts. If our years of experience and dedication have taught us one thing,…read more
Fun Wheels Pty Ltd are the premium dealer in Australasia for the Dutch company BERG’s commercial and domestic products. Our flagship product is their revolutionary pedal go-kart – the…read more
get listed with our suppliers directory
Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!