Opposition MP asks about the Department of Health's compliance certification of the Elizabeth Quay water park, alleging procedural breaches and ignored safety concerns. The Minister defends the decision, citing regulatory provisions and the Executive Director's professional judgement.

AnsweredQoN 364Legislative Assembly
Asked
15 June 2016
Portfolio
Health

QuestionView source ↗

ELIZABETH QUAY — WATER PARK —
COMPLIANCE TESTING
364. Ms R. SAFFIOTI to the Minister for
Health:
I refer to the granting of the certificate of compliance for the water
park at Elizabeth Quay by the Department of Health only hours before the
official opening.
(1) Why did the Department of Health go
against its own procedures and processes to issue the certificate to the
Metropolitan Redevelopment Authority, and in particular the need to have a negative
test before the water park was opened?
(2) Why did the department ignore concerns raised by its own officers
in relation to water safety?

AnswerView source ↗

(1)–(2) I can assure the member that
the Department of Health and in particular the Executive Director of Public
Health did not ignore the concerns that had arisen and the information that was
being provided. However, I draw the attention of the member to regulation 20 of
the Health (Aquatic Facilities) Regulations 2007, which is headed ''Variation
in operational requirements''. It states under subsection (1) that —
The EDPH may
approve a variation in operational requirements for a particular aquatic
facility if satisfied that the operational requirement, as varied —
(a) will
provide the same or better health and safety protection to persons using the
facility as that provided by the operational requirement unvaried; or
(b) will not compromise the health and safety of persons
using the facility and that there is a public interest in approving the
variation.
The
responsibility rested with the Executive Director of Public Health, Professor
Tarun Weeramanthri. He used his professional judgement based on all the advice
that he was given. He was not directed by anyone. I have absolute confidence in
his professionalism and his integrity in providing that approval.

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