In a perfect world we would not need prisons, because no one would break the law, we would not need road rules, because everyone would drive properly and we would not need legislation associated with swimming pool safety fences, because all adults would supervise their children when they are at the pool. Unfortunately it is not a perfect world and the law makers are required to help protect people in the community, especially children, from those who would abuse them. Some would see leaving a large pool of water inadequately fenced as a form of child abuse.
Would you let your wild tiger, for example, wander around your back yard without taking some precautions to prevent it eating people? Of course not. Water is just as dangerous.
I am a Pool Safety Inspector. I have so often heard people complaining about the laws relating to their having to safely fence off their swimming pools. Many people suggest that a "Nanny State" is being created and all that is needed is for parents, guardians and other adults to supervise the children. If adult/parents etc., always supervised their children then think of the many law enforcement officers that would not have jobs. It is ridiculous to expect all parents to be good at their job all the time. It is one job we are never taught how to do.
We have always had to protect our people from wayward unsupervised children and swimming pool legislation is no different. What a shame we have to make these laws, but we do.
What about the children from next door who are at home playing in the back yard after school, they don't have a pool. They know you are away at work and they decided to climb over the fence because it is a really hot day. It was really easy to climb the fence because there was a tree branch leaning on the top of the fence. Remember when you were a kid, how inquisitive you were. It is a challenge to find a way through. In your back yard they find the gate to the pool has a faulty latch and doesn't close properly. They jump in the pool.
Questions will be asked if one of them drowns.
Why didn't their parents supervise them when they were playing in the back yard?
Why was it so easy for them to climb the fence?
Why was the latch faulty on your gate?
Why didn't you have a safely fenced pool?
Why didn't you have a Safety Compliance Certificate?
For the sake of a few dollars could any of us live with the knowledge that our tardiness helped take the life of a child. Because you might think the law is unfair, that doesn't mean your pool is safely fenced. We all know that most accidents occur as a result of a number of things which happen and contribute to the end result. Leaving it until later, saving some money now, hoping no one will find out, you don't have kids in your family are some of the contributing factors.
Remember that the laws are already written by the legislators. The Pool Safety Inspectors did not write them. All they have to do is know how to read the rule books. It is not open to opinion. If the pool does not have a safety fence then it is illegal. If a safety fence is less than 1200mm high then it is illegal.