Family day care residences with swimming pools, spas and water features in Western Australia


On 9 November 2015, Lachlan James Mitchell drowned at a family day care residence in Carramar, Western Australia.

Following the incident, a Coronial inquest was held, a report was prepared, and recommendations made.

The State Government has been consulting on the most appropriate way to regulate family day care residences in Western Australia with swimming pools, spas and water features, to keep children safe. The Consultation Regulatory Impact Statement (Consultation Statement - PDF | Word ) contained options in relation to each of the Coroner’s four recommendations, for public consultation. 

Public consultation on the Consultation Statement has now finished and the department received a significant number of submissions.  Thirty-seven written submissions and more than 500 survey responses were received from parents, families, peak or government agencies, family day care educators/providers/services or interested individuals.  

A Decision Statement is required by the Department of Treasury’s Better Regulation Unit to ensure that a thorough assessment of options has been undertaken and any regulatory changes recommended are efficient and effective.

The Department of Communities is currently analysing the feedback received and this will inform the development of the Decision Statement. The Decision Statement is expected to be finalised by the end of 2019.  

If you would like further information, please contact