In 2009, tragedy struck in Kogarah when a three-year-old boy fell 15 metres from a third-floor apartment window. Investigations revealed he had been playing on a bed near the window and fell through a flyscreen. Sadly, this was not an isolated incident. Across Australia, dozens of children suffer serious injuries or lose their lives each year after falling from apartment windows or balconies. In almost every case, the accidents could have been prevented through the use of proper window safety devices.

Recognising the urgent need for stronger protections, the NSW Government introduced new laws to make strata and high-rise properties safer for families. The result was the Children Window Safety Devices Act 2013 — an important amendment to the Strata Schemes Management Act that set clear standards for window safety across the state.

The Children Window Safety Devices Act 2013

The amendment, formally known as the Strata Schemes Management Amendment (Child Window Safety Devices) Act 2013, was passed in December 2013. Its aim was simple but vital: to prevent further child injuries and fatalities from window falls in strata buildings. Under the legislation, all strata-titled properties were required to install childproof window safety devices by 13 March 2018.

These safety devices restrict how far a window can open, significantly reducing the risk of falls from height. The law applies to both residential apartments and common property areas within strata schemes, covering all windows that meet certain risk criteria.

Which Windows Are Affected?

To determine whether a window must be fitted with a safety device, strata schemes must assess two key measurements:

• The window is less than 1.7 metres above the internal floor level, and
• The internal floor is two metres or more above the outside ground level.

If both conditions apply, the window must be equipped with an approved locking or restraint device that limits the window opening to a maximum of 12.5 centimetres. This restriction is enough to prevent a child from falling through while still allowing for ventilation and airflow.

It’s important to note that standard insect or flyscreens do not meet the safety requirement. Approved devices include childproof window locks and reinforced safety screens that comply with Australian Standard AS 5203:2016 — ensuring both strength and reliability.

Who Is Responsible for Compliance?

Responsibility for compliance falls to the Owners Corporation, which must ensure that all common property windows in the scheme are fitted with approved safety devices. For windows located within an individual apartment or lot, the responsibility generally lies with the lot owner. However, every scheme should clarify its specific obligations through its by-laws and strata management agreement.

Landlords must also ensure that tenanted apartments meet the same safety standards before leasing the property. Non-compliance could expose landlords and Owners Corporations to legal liability if an accident occurs.

Why Window Safety Devices Are So Important

According to data from NSW Health, falls from windows are one of the leading causes of serious injury among children living in multi-storey dwellings. These incidents often occur when young children climb onto furniture or window sills, unaware of the danger. Flyscreens offer no structural protection — they are designed to keep insects out, not children in.

Installing compliant window safety devices is one of the most effective and affordable ways to prevent these tragedies. Once installed, they provide a permanent safeguard without affecting a window’s functionality or appearance. In most cases, the devices can be easily released by an adult in an emergency, such as a fire, ensuring they do not compromise safety in other situations.

Steps Strata Schemes Should Take

To ensure compliance and peace of mind, every strata scheme should have a clear plan in place. Metro Strata recommends that Owners Corporations and Strata Committees take the following steps:

1. Conduct a full audit of all windows across both common property and individual lots to identify those that require devices.
2. Obtain professional quotes from licensed tradespeople experienced in window safety installation.
3. Review and approve the preferred quote at a Strata Committee or general meeting, ensuring all costs are properly allocated.
4. Install approved childproof devices that meet Australian Standards and can be locked or restricted to the legal opening width.
5. Document compliance in meeting minutes and strata records to provide evidence if required by NSW Fair Trading or insurers.

For larger buildings, it’s advisable to engage a qualified building consultant to oversee the compliance audit and verify that installations meet both legislative and safety standards.

Enforcement and Penalties

NSW Fair Trading has the authority to inspect strata buildings to confirm compliance with window safety laws. Failure to install approved devices can result in penalties for the Owners Corporation or lot owner. More importantly, non-compliance exposes owners to serious risk in the event of an accident, including potential insurance complications or negligence claims.

To maintain compliance, window safety devices should also be checked regularly to ensure they remain functional and undamaged, especially after window replacements or renovations.

What Owners and Tenants Can Do

Even with approved safety devices installed, awareness and good habits remain essential. Parents and caregivers should:

• Keep beds, furniture, and other climbable objects away from windows.
• Ensure safety locks remain engaged when children are present.
• Educate children about window safety and the dangers of leaning or climbing near them.
• Report any damaged or faulty locks to the building manager or Strata Committee immediately.

Tenants should also alert their landlord or property manager if their apartment’s windows do not appear to have safety locks or if the locks are not functioning properly. Owners are legally obligated to fix these issues promptly.

Final Word

Child window safety isn’t just a regulatory requirement—it’s a moral and social responsibility. The introduction of the Window Safety Devices Act has already saved lives, but continued vigilance and proactive maintenance are essential to keep children safe in strata environments.

At Metro Strata, we work closely with Owners Corporations and committees to ensure every property we manage complies with NSW safety legislation. Our priority is not only legal compliance but also creating safer, more liveable communities for families across New South Wales.