Page 4159 - Week 13 - Thursday, 27 November 2014
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In addition, an appropriate administrative framework has been established which will allow the minister, or the director-general, to make minimum standards to guide the management, operation and maintenance of territory-owned public pool facilities. For the first time, clear guidance will be able to be provided to pool operators on emerging trends and changing safety standards in the industry through the minimum standard framework. These standards will be determined as legislative instruments so there is full transparency to the community and members of Assembly.
This modern administrative framework also provides an early intervention process which takes a proactive focus on removing people from premises if they display antisocial behaviour. Under the existing act, such behaviour would have been considered a criminal offence, even for relatively minor infractions.
Under the bill, people will be given an opportunity to modify their behaviour and leave the premises willingly. I am sure everyone in this Assembly would agree that this approach is preferable to a person incurring a criminal offence for “bad” behaviour, which could affect their lives well into the future. That is not to say that extreme examples of this kind of behaviour will be tolerated. There is still provision for licensed security guards and police to intervene and remove patrons after an authorised person has given a direction that has not been complied with.
To support maximum participation by all sectors of the community, a right of entry and public notice regime has been included in the bill. This is to minimise occurrences where a person is not able to access a pool facility when there should be no barrier to entry.
This bill clearly defines an inspector’s powers and also, for the first time, indicates the enforcement powers that may be exercised by an inspector under prescribed circumstances. This bill adopts self-regulation principles, and a “light-hand” approach is being adopted. However, the light-hand approach does not mean that the minister, or the director-general, does not have the ability to act if such a need arises. The safety and wellbeing of Canberrans enjoying our government facilities remain paramount.
The bill balances a light-handed approach with the government’s need to be proactive in minimising potential risks to public safety and damage to property and the environment. Accordingly, the bill provides the required flexibility to immediately close pool facilities if necessary and require pool operators to undertake maintenance in the event that the facility, or part of the facility, poses a danger to the public.
Furthermore, the way pools are categorised and the ability to determine minimum standards enables different standards and matters to be determined for specific facilities or operators if such a need arises. In other words, operators of territory-owned public pools that continue to operate with high safety standards have nothing to fear in this legislation. In fact, the bill empowers pool operators to provide a safe environment for the whole community to enjoy.
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