Inquest into the death of Sebastien YEOMANS

Contributing factors

• Collapsed boundary fence surrounding swimming pool
• Inadequate child-resistant barrier around pool
• Lack of regular council pool inspections
• Reliance on owner self-assessment rather than mandatory inspections
• Insufficient council resources for pool inspection program
• No enforcement action taken despite previous complaints about pool fencing
• Absence of systemic uniform approach to pool safety regulation across councils
• Emphasis on compliance and education rather than enforcement

Coroner's recommendations

1. To the Minister responsible for the Swimming Pools Act 1992: that consideration be given to increasing the maximum penalties applicable to breaches of the safety requirements of the Swimming Pools Act 1992
2. To the Attorney-General: that consideration be given to the enactment of a criminal offence, analogous to that of negligent driving occasioning death, to 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 a private swimming pool
3. To Armidale Dumaresq Council: that consideration be given to allocating sufficient staff to properly implement all aspects of its swimming pools inspection program
4. To Armidale Dumaresq Council: that consideration be given to changing its website to include a statement under the section 'Pool Fencing' that the cost of constructing and maintaining a boundary fence that forms part of a pool fence is the responsibility of the pool owner
5. To Armidale Dumaresq Council: that consideration be given to supplying each swimming pool inspector with a device to record digital photographs as part of the implementation of the inspection program, and that such photographs be stored with the corresponding inspection record
6. To Armidale Dumaresq Council: that consideration be given to consulting with Hannah's Foundation in relation to the production of pool safety information to be sent to swimming pool owners