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WA furniture law change over toddler death

AAPWestern Suburbs Weekly

THE death of a toddler who was crushed by a chest of drawers has prompted the West Australian government to change the law to allow tenants to fasten furniture to a wall for safety.

Reef Jason Bruce Kite died in October 2015 from crush asphyxia when a 1.27 metre unsecured wooden chest of drawers fell on the active 21-month-old boy at the family’s Yokine home.

Coroner Sarah Linton said in her findings released in November 2017 that it was a tragic accident and preventable death, and recommended the legal change.

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The legislation, which has now passed parliament, amends the Residential Tenancies Act so renters can submit a request form to secure furniture to prevent a child or person with a disability from being injured or killed.

Owners can only refuse the request in limited circumstances, such as if the home is heritage-listed or the walls contain asbestos, and tenants must repair the wall at the end of their lease.

The legislation also improves the administration of some occupational licensing schemes.

Commerce Minister John Quigley said toppling furniture had killed at least 22 children in Australia since 2001.

“Many other children have suffered brain injuries or broken bones,” he said in a statement on Wednesday.

“The simple action of anchoring furniture can save the life of a child or a person with a disability, and a wall can usually be repaired with ease by filling holes and repainting.”

Reiwa welcomed the changes, with president Damian Collins calling it a “critical piece of legislation” with positive outcomes for both tenants and landlords.

“We strongly believe that tenants should be able to affix furniture to the walls to increase the safety of children and infants and we have been working towards these changes for some time,” he said.

Mr Collins commended the government for including safeguards to ensure any damages incurred would be rectified or compensated for at the end of a lease and putting special provisions in place for heritage listed properties.

“We also raised concerns over the fixing of furniture in cases where doing so would disturb asbestos and in strata schemes where by-laws prohibit the affixing of furniture to the walls of the premises,” he said.

“It is pleasing to see these inclusions have been included which protect both the tenant and landlord.”