Improving safety at family day care residences or venues with swimming pools, spas and water features in Western Australia

The Department of Communities regulates the safety of swimming pools, spas and water features in family day care residences in Western Australia.
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Following a Coronial inquest into the drowning death of a toddler at a family day care residence in 2015, the Coroner made several recommendations regarding family day care services that operate in residences or venues with swimming pools, spas and water features. The Department of Communities conducted extensive public consultation and a regulatory impact assessment process to develop options to address those recommendations. 

Regulations to improve safety in family day care with pools and spas

Regulations to implement the recommendations from the Decision Regulatory Impact Statement came into effect from 1 September 2022.

These regulations:

  • prohibit approved providers from engaging new educators with pools or spas
  • require the approved provider to undertake monthly inspections
  • require the approved provider and educators to keep copies of inspection reports
  • introduce requirements for reporting any safety issues identified at family day care residences or venues to ECRU
  • require all family day care residences or venues to have an additional communications device in a fixed location suitable for use during emergencies
  • require family day care residences or venues with a pool or spa to have a safety device installed.
  • with the approval of ECRU, allow approved providers to engage an educator transferring from another service under certain circumstances.

A report template and handy checklist for inspections is provided below for providers to use in both a Word and PDF format. Providers may adapt the template to make it suitable for their use but should ensure all information listed is included.

A daily safety checklist is also provided to help educators manage their safety requirements.

Key documents

The regulations introduced to support improved safety in family day care residences or venues with a pool, spa or hazardous water feature were developed following an extensive regulatory impact assessment process. You can access the Consultation Regulatory Impact Statement (2019) and the Decision Regulatory Impact Statement (2020) below to read more about this process, including the public consultation and how the options implemented in regulations were developed.

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