Inquest into the death of Chatchaya Ittiveithchai

Case Number: 2019/53408 

Date of Findings: 18 February 2022

Magistrate: Deputy State Coroner, Magistrate Carmel Forbes

Catchwords: CORONIAL LAW – cause and manner of death-toddler’s fall from a window in a residential apartment – whether window safety standards are adequate in company title residential apartments.

Responses

Recommendations

To the Minister for Planning and Homes and to the Minister for Fair Trading:

1. I recommend that amendments be made to the Environmental  Planning and Assessment Act 1979 (NSW) and Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2000 (NSW) (and/or any other legislation considered appropriate) to ensure that child window safety devices (as defined in cl. 30 of the Strata Schemes Management Regulation 2016 (NSW) are required to be installed in all Class 2 buildings (as defined in the Building Code of Australia).

To the Minister for the Department of Planning, Industry and Environment:

1. I recommend that there be consultation with the property industry and broader community by the Department of Planning, Industry and Environment regarding expanding the scope of the requirement for the installation of child window safety devices from residential apartments (Class 2 buildings as defined in the National Construction Code) to incorporate all residential dwellings such as houses, townhouses or terraces (Class 1a buildings as defined in the National Construction Code).