The groundbreaking trial of an AI lifeguard at a Sydney council’s pools could be breaching NSW surveillance laws, according to a legal expert.
Avinash Singh from Astor Legal said Liverpool City Council’s use of cameras and AI to monitor swimmers may be in breach the Surveillance Device Act 2007.
The Western Sydney council said the kit is being used at the Whitlam Leisure Centre to alert lifeguards when a swimmer is in trouble.
Similar tech was trialled by the City of Newcastle last year and by lifesavers at beaches in South Australia, according to The Australian.
Liverpool Mayor Ned Mannoun said the council area was the “most multicultural” in Australia with a high number of residents coming from countries where swimming lessons are not offered at childhood.
“Drowning can happen in seconds, so having technology that can alert our lifeguards to a potential problem gives them another tool when every second counts,” Mr Mannoun said.
“This is creating an extra layer of safety and reassurance in what unfortunately can sometimes be a dangerous environment. Safety is our prime concern at all our swimming centres.”
But Mr Singh said the council’s use of cameras and AI to minotor swimmers in real time and alert lifeguards was “well-meaning” but risks breaching existing surveillance laws in NSW.
“Under Section 9 of the Act, it is a criminal offence to knowingly install, use or maintain a tracking device without the express or implied consent of the person being tracked. The use of this type of technology would, on the face of it, be a breach of this Section unless the Council were to obtain the consent of each person who attended the pool,” he said.
A council spokesperson said consent is obtained via signage. They said pool facilities already have 24-hour surveillance in place.
Mr Singh said this may not be enough as the technology is different from CCTV in that it tracks people inside the centre.
“The behaviour that Section 9 of the Act criminalises is the tracking of people, not the mere recording of them,” he said.
Corporations found to be in breach of the Act face a fine of up to $55,000.
The technology has been introduced at Whitlam Leisure Centre, with plans expand the roll out to other pools including the Michael Wendon Aquatic Leisure Centre, Holsworthy and a new aquatic centre planned for Carnes Hill.
A spokesperson for Belgravia Leisure, which operates the Whitlam Leisure Centre,said the project is an important investment in community safety.
“Whitlam Leisure Centre plays an important role in supporting health, wellbeing and water safety across Liverpool,” he said.
“We are proud to have introduced this technology as it gives our team another layer of support and reinforces our commitment to creating safe, welcoming and confidence-building aquatic experiences for everyone who visits.”
News.com.au has approached Liverpool City Council for comment.
The latest data from Royal Life Saving Australia and Surf Life Saving’s National Drowning Report shows 357 people drowned between July 2024 and June 2025, a figure 27 per cent higher than the 10-year average.
While children had the lowest rates of drowning across the nation, deaths rose sharply for people more than 15 years old and were more than the 10-year average for every age group older than 45 years.
There was a 63 per cent increase for people aged more than 75 years and one-third of deaths were migrants.
About 87 per cent of Australia’s population lives within 50km of the coastline, where almost half of all drowning deaths occurred.
The report found swimming, fishing and visiting unpatrolled locations remained high-risk activities in coastal areas.
Royal Life Saving Australia chief executive officer Justin Scarr has described the shocking figures as a wake-up call.
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