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Mind That Child: A Critical Analysis of Child Safety Legislation in Australia

Published online by Cambridge University Press:  29 February 2024

Quentin Bryce
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Extract

Every year, but particularly in this International Year of the Child, many words have been spoken about children — their needs, their health and their happiness; and of the responsibility all must assume of seeing to it that young lives are nurtured.

The purpose of this paper is to examine an issue which pertains to the very survival of the child — safety legislation.

This year in Australia about a million children will be hurt and some thousands will die as a result of accident. What can be done to stop this epidemic? Does the law have a role to play?

Type
Research Article
Information
Children Australia , Volume 4 , Issue 4 , Summer 1979 , pp. 12 - 15
Copyright
Copyright © Cambridge University Press 1979

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References

1. Bulletin of the Postgraduate Committee in Medicine, University of Sydney. Dec. 1977.Google Scholar
2. Paper presented to the Commonwealth I.Y.C. Conference, Canberra. “Survival of Childhood — Experiences in Sweden in childhood accident prevention during the last twenty-five years”. Ragnar Berfenstam Uppsala.Google Scholar
3. “Tears Often Shed” — Child Health and Welfare in Australia from 1788. Sydney 1978 at p.99.Google Scholar
4. Victoria and Tasmania have no pool-safety legislation; only 5 shires in Queensland have fencing requirements (Albert 1974, Atherton, Moreton, Belyando 1977, Gympie 1978); some N.S.W. shires have used S.288C of the Local Government Act 1919 to require fencing. Only S.A. (Swimming Pools (Safety) Act 1972 S.6) and W.A. (Uniform Private Swimming Pool By-laws 1970 enacted by the Governor in Council) have uniform state wide fencing codes.Google Scholar
5. The Minister for Local Government and Main Roads in reply to a question 15th September 1977 in Queensland Parliament.Google Scholar
6. The Minister for Local Government (Vic.) in reply to a representation by a member of the Legislative Council.Google Scholar
9. The Trade Practices Act would not cover home manufacturers selling within the state.Google Scholar
10. Health Act 1937 (Qld.) s.15; Poisons Act 1966 (N.S.W.) S.17; Poisons Act 1962 (Vic.) s.63; Poisons Act 1964 (W.A.) S.46; Poisons Act 1971 (Tas.) S.59.Google Scholar
11. Poisons Regulations 1973 (Qld.) r. VI.02; Poisons Regulations 1966 (N.S.W.) r.9; Poisons Regulations 1963 (Vic.) r.21; Poisons Regulations 1965 (W.A.) r. 19; Poisons Regulations 1975 (Tas.) r.46.Google Scholar
12. N.S.W. - r.14; Tas. - r.50; W.A. - r.26; Vic. - r.14; Qld. - r.83.Google Scholar
14. Nan Berger develops this argument in “Children's Rights”.Google Scholar
15. All Our Children. New York 1977.Google Scholar