Practice Note No. 15 - Water Safety - Division of Local Government ...

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Ø Pricing and Costing for Council Businesses. A Guide to Competitive Neutrality, July 1997ØEnvironmental Guidelines. State of the Environment Reporting by Local Government. PromotingEcologically Sustainable Development, April 1998ØSocial/Community Planning and Reporting Guidelines and Social/Community Planning and ReportingManual, May 19983. WHAT ARE A COUNCIL’S WATER SAFETY FUNCTIONS?Councils have two main water safety functions:ØØthe performance of life saving activitiesthe performance of regulatory activities3.1 Life saving activitiesUnder the Local Government Act 1993, the council can delegate the life saving function. This means thatthe life saving function can be performed by:Øcouncil employees. While currently being reviewed, the Industrial Relations Act 1996 deems swimmingpool managers and supervisors engaged under contract or lease to be employees. This includesindividuals, husband and wife teams who have formed partnerships, and companies contracted tocouncils to manage or supervise the pool who employ staff to undertake a variety of tasksØ any other person or body, other than an employee of the council, such as:- a volunteer surf life saving club, or- an organisation providing contracted life saving servicesCouncils will need to determine which mechanisms are the most appropriate to adequately carry out the lifesaving function in their local area. This will involve a decision as to whether the function will be carried outby a council employee, contractor, volunteer, or a combination of these. Further information on contractingout services is contained in the Department’s publications Competitive Tendering Guidelines (January 1997)and Pricing and Costing for Council Businesses. A Guide to Competitive Neutrality (July 1997).Practice Note 15: Water Safety3
3.2 Regulatory activitiesThe power of a council to regulate activities at beaches, public swimming pools and other waterways underits control derives from various sections of the Local Government Act 1993. Functions that may be exercisedby a council under this power are those that:ØØinvolve the provision of a service under section 24 and are therefore able to be delegated. This includes:- the provision of rescue services- the placement of any signs, provided council has approved the use of these signs. This includesregulatory signs such as swimming prohibited signs, and information signs such as the red andyellow flags and surfcraft permitted sign- general patrolling- educational activitiesare of a regulatory nature and are therefore not able to be delegated, except in the specific case of thepower to confiscate water-based recreational equipment. This includes:- issuing penalty notices. Penalty notices cannot be issued to children and young people who wereunder the age of 10 years at the time the offence was committed (section 53(2) of the Fines Act 1996)- taking legal proceedings with regard to breaches of signs erected under sections 632 and 633 of theLocal Government Act 1993. Legal proceedings cannot be taken against children and young peoplewho were under the age of 10 years at the time the offence was committed (section 5 of the Children(Criminal Proceedings) Act 1987)- demanding the name and address of a person who commits an offence under the Act (section 680 ofthe Local Government Act 1993)- removing a person committing an offence against the Local Government Act 1993 on communityland (section 681 of the Local Government Act 1993). It should be noted that community land isspecifically defined by the Act and rarely applies to beaches, for examplePractice Note 15: Water SafetyLaw enforcement is a core function of Government and for this reason the delegation by councils of thepower to issue penalty notices or to institute legal proceedings to other bodies is limited to council employeesand police officers. Members of volunteer surf life saving clubs and employees of organisations providingcontracted life saving services may still provide evidence to authorised council officers or police in theircapacity as witnesses to an alleged offence.Special provisions in the Local Government Act allow councils to delegate the power to confiscate waterbasedrecreational equipment to a member of a volunteer surf life saving club and/or an employee of anorganisation providing contracted life saving services.Further information about the powers of council to regulate activities is contained in Appendix 1.Councils should consider the implications of the Security Industry Act 1997 in carrying out regulatory activitiesin relation to beaches, public swimming pools and other waterways under their control. These implications areoutlined in the Local Government and Shires Associations Weekly Circular 39/98 of 2 October 1998.4
Page 1: PRACTICE NOTE NO.15December 1998Wat
Page 4 and 5: 1. INTRODUCTIONThis Practice Note r
Page 8 and 9: 4. A RISK MANAGEMENT APPROACH TO WA
Page 10 and 11: 5.1 Public swimming poolsA number o
Page 12 and 13: 5.2 BeachesIn determining the appro
Page 14 and 15: Øa first aid kit and a first aid r
Page 16 and 17: Concern has been expressed by membe
Page 18 and 19: National Heart Foundation (NSW)Leve
Page 20 and 21: APPENDIX 1REGULATORY ACTIVITIESPowe
Page 22 and 23: APPENDIX 2CHANGE ROOM OPTIONSSwimmi
Page 24: Øpool staff to be available to acc

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