Legal System of Australia –

Legal System of Australia

nswer each question carefully with the Act of swimming pool NSw 1992 http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1992%20AND%20no%3D49&nohits=y and the second reading of the act i will uplouded shortly – any question please ask before you go further.

LAWS6047 Legal System of Australia Semester 1, 2016 Statutory interpretation task (10 marks) DUE 11 April 2016 via email. Read the following hypothetical factual scenario and answer the questions which follow: YOU WILL REQUIRE A COPY OF the Swimming Pools Act 1992(NSW) in order to answer this question. Bilbo Baggins is a well-known breeder and trainer of greyhound dogs. His kennels and greyhound training facility are situated on an acreage property at Tomago in New South Wales. They consist of the practice track, a building which is divided into appropriate kennel space for accommodating racing dogs and breeding animals and their puppies. There is also a building with rooms for cleaning and grooming dogs, preparing food, and where they can receive veterinary care as required. Bilbo has recently made a lot of money betting on the success of his racing greyhounds and decides to install a swimming pool and spa to assist with the training of his team. When it is built the pool is surrounded by a low dry stone wall and a decorative waterfall is included at the end of the pool to which the spa is attached. The wall has an opening to permit access to the pool. Bilbo is concerned that many people visit his kennels and training facility at weekends to see the dogs and purchase puppies, so he installs a large sign near the pool which reads: DANGER DOG TRAINING POOL. YOUNG CHILDREN SHOULD BE SUPERVISED WHEN THEY ARE NEAR THE POOL. The notice contains details of resuscitation techniques (for children, infants and adults) as set out in accordance with the relevant provisions of the document entitled Cardio Pulmonary Resuscitation published by the Australian Resuscitation Council, and as reprinted in 1989. Bilbo lives in Newcastle, but often spends both days and nights at the Tomago property with his beloved greyhounds. He has built no house for himself, but sleeps in an old Volkswagen Kombi van which is on blocks next to the swimming pool. The Kombi has a comfortable couch and basic cooking facilities with a gas stove. One Saturday in October 2015, Precious Ramotswe visits Bilbo’s kennels for the purpose of buying a greyhound puppy as a surprise birthday present for her husband. Precious has recently been appointed as an Authorised officer under s 27 Swimming Pools Act 1992 (NSW) by the local council with responsibility for the Tomago area. Whilst she is making her way to the kennels, she notices that there is no gate in the wall around the swimming pool, that some of the dry stone walling has become dislodged and is falling down, and that the notice erected near the swimming pool by Bilbo is obscured by overhanging tree branches. On the following Monday, Precious Ramotswe serves penalty notices on Bilbo in respect of breaches of s 15 (1), 16 and 17(1) Swimming Pools Act 1992 (NSW).Bilbo is devastated by this turn of events and seeks advice concerning his liability under the Act. Provide a detailed answer to the following questions (i) Is Bilbo’s swimming pool a “swimming pool” to which the Act and Regulations apply? Provide detailed legal reasoning and authority in support of your answer (8 marks) (ii) How helpful is the Second Reading Speech for the Swimming Pools Act 1992 (NSW), delivered by Mr Peacocke, in determining the purpose of the statute? What else might be used to assist in determining the purpose of the Act? Provide legal reasoning and authority in support of your answer. (2 marks) Extract from Swimming Pools Regulations 2008 (NSW) 10 Contents of warning notices (1) For the purposes of section 17 (1) of the Act, the sign referred to in that subsection must bear a notice that contains all of the following: (a) the words: (i) “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, and (ii) “POOL GATES MUST BE KEPT CLOSED AT ALL TIMES”, and (iii) “KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES”, (b) a simple flow sequence (which may be the flow sequence depicted in the Cardiopulmonary Resuscitation Guideline) containing details of resuscitation techniques (for infants, children and adults): (i) that are set out in accordance with the relevant provisions of that Guideline, and (ii) that comply with the other relevant guidelines of the Australian Resuscitation Council, and (iii) that are illustrated by drawings with key words only in bold print, (c) a statement to the effect that formal instruction in resuscitation is essential, (d) the name of the teaching organisation or other body that published the sign and the date of its publication. 11 Legibility of warning notices For the purposes of section 17 (1) of the Act, the sign referred to in that subsection: (a) must be legible from a distance of at least 3 metres, and (b) must be maintained in a clearly legible condition.

 

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