{"id":"a-2015-7","name":"Public Pools Act 2015","slug":"public-pools-act-2015","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"7 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24202,"registerId":"act-a-2015-7-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Pools Act 2015","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Pools Act 2015\nA2015-7\nRepublication No 5\nEffective: 26 December 2025\nRepublication date: 26 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Public Pools Act 2015 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Pools Act 2015\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 6\n3 Dictionary 6\n4 Notes 6\n5 Offences against Act—application of Criminal Code etc 6\n6 Application of Act 7\nPart 2 Key concepts\n7 Meaning of category 1 facility 8\n8 Meaning of operator 8\n9 Meaning of pool 9\n10 Meaning of pool facility 9\n11 Exemption of pool facility or person from Act 10\n\nContents\nPage\ncontents 2 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Pool facilities administration––minimum\nrequirements, standards and guidelines\nDivision 3.1 Pool operators and staff\n12 Qualifications, skills and training 12\nDivision 3.2 Standards\n13 Operations and management––Ministerial standards 13\n14 Operational matters 13\n15 Conditions of entry and removal 14\n16 Signs 15\nDivision 3.3 Pool fees\n17 Pool fees and guidelines––category 1 facilities 16\nDivision 3.4 Prohibited articles\n18 Meaning of prohibited article 18\n19 Declaration of prohibited articles 18\nPart 4 Maintenance directions and pool closure\norders\nDivision 4.1 Maintenance directions\n20 Pool facility not maintained 20\nDivision 4.2 Emergency closure orders\n21 Emergency closure of pool facility 21\n22 Offence—fail to comply with emergency closure order 22\n23 Cancellation of emergency closure order––application 22\n24 Compensation––pool closure 23\nPart 5 Refusing entry and removal powers\n25 Definitions—pt 5 25\n26 Authorised person may refuse entry 25\n27 Authorised person’s directions 26\n28 Authorised person’s direction––operational reasons 27\n29 Disability––assistance animals 28\n30 Offence—fail to comply with direction 29\n\nContents\nPage\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Offences\n31 Infections 31\n32 Smoking prohibited 31\n33 Consumption of liquor 31\n34 Possession of liquor 32\n35 Graffiti etc 32\n36 Damaging infrastructure 32\nPart 7 Enforcement\nDivision 7.1 Inspectors and identity cards\n37 Inspectors 34\n38 Identity cards 34\n39 Power not to be exercised before identity card shown 35\nDivision 7.2 Powers of inspectors\n40 Power to enter pool facility 35\n41 Production of identity card 36\n42 Consent to entry 36\n43 Advance notification and consent to entry 38\n44 General powers on entry to pool facility 40\n45 Other powers 40\nDivision 7.3 Miscellaneous\n46 Damage etc to be minimised 41\n47 Compensation for exercise of enforcement powers 42\nDivision 7.4 Auditing and compliance\n48 Appointment of auditor 42\nPart 8 Notification and review of decisions\n49 Meaning of reviewable decision––pt 8 44\n50 Reviewable decision notices 44\n51 Applications for review 44\nPart 9 Miscellaneous\n52 Liability for loss of, or damage to, property 45\n53 Protection from liability 45\n\nContents\nPage\ncontents 4 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n54 Determination of fees 45\n55 Exemption from fees 45\n56 Statutory instruments––application etc of other laws or instruments 46\n58 Regulation-making power 46\n59 Regulations––first-aid equipment and facilities 47\nSchedule 1 Reviewable decisions 48\nDictionary 49\nEndnotes\n1 About the endnotes 51\n2 Abbreviation key 51\n3 Legislation history 52\n4 Amendment history 53\n5 Earlier republications 55\n\nSection 1\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nPublic Pools Act 2015\nAn Act relating to public pools, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 6 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Public Pools Act 2015.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘low-alcohol liquor—see the Liquor\nAct 2010, dictionary.’ means that the term ‘low-alcohol liquor’ is defined\nin that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Application of Act\nThis Act applies to a category 1 facility.\nNote Category 1 facility––see s 7.\n\nPart 2 Key concepts\nSection 7\npage 8 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Key concepts\n7 Meaning of category 1 facility\nIn this Act:\ncategory 1 facility––\n(a) means a pool facility that is––\n(i) owned by the Territory; and\n(ii) open to or used by the public (whether or not on payment\nof money); and\n(b) includes a pool facility managed under a facility management\nagreement.\nNote Facility management agreement—see the dictionary.\n8 Meaning of operator\n(1) In this Act:\noperator, of a pool facility––\n(a) means the person who, alone or with someone else, manages or\ncontrols the pool facility; and\n(b) includes––\n(i) a person for the time being managing or controlling the\npool facility; and\n(ii) a person managing or controlling the pool facility in\naccordance with a facility management agreement; and\n(iii) any other person prescribed by regulation; but\nNote Power to make a regulation in relation to a matter includes\npower to make provision in relation to a class of matter (see\nLegislation Act, s 48 (2)).\n\nKey concepts Part 2\nSection 9\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) does not include a person excluded from this definition by\nregulation.\n(2) If there is more than 1 operator of a pool facility, it is sufficient\ncompliance with a requirement of this Act if––\n(a) any of the operators exercises the functions of an operator under\nthis Act; and\n(b) any notice or other document required to be given to the operator\nunder this Act is given to any of the operators.\n9 Meaning of pool\nIn this Act:\npool––\n(a) means an artificial structure or vessel that is––\n(i) capable of being filled with water; and\n(ii) used or intended to be used for swimming, diving, wading,\npaddling or any other recreational water activity; and\n(iii) unable to be emptied by overturning the structure or vessel;\nbut\n(b) does not include—\n(i) a bath tub or other vessel used for cleaning the body; or\n(ii) an artificial structure or vessel prescribed by regulation.\n10 Meaning of pool facility\nIn this Act:\npool facility––\n(a) means 1 or more pools; and\n\nPart 2 Key concepts\nSection 11\npage 10 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) includes any 1 or more of the following:\n(i) the plant associated with each pool;\n(ii) the concourse for each pool;\n(iii) the toilets, change rooms and similar facilities associated\nwith each pool;\n(iv) lighting;\n(v) a fence and any other structure that––\n(A) excludes access to a pool; or\n(B) forms a boundary around 1 or more pools;\n(vi) premises used for administration in relation to each pool;\n(vii) any other structure, building or plant necessary for the\noperation of each pool; but\n(c) does not include––\n(i) if the pool is located within a gymnasium or recreational\ncentre––the areas of the recreational centre not associated\nwith the pool; or\n(ii) a facility prescribed by regulation.\n11 Exemption of pool facility or person from Act\n(1) The Minister may exempt a pool facility or person from this Act.\nNote 1 A reference to an Act includes a reference to a provision of an Act (see\nLegislation Act, s 7 (3)).\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nNote 3 Power to make a statutory instrument (including exemptions) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\nKey concepts Part 2\nSection 11\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In deciding whether to exempt a pool facility or person from this Act,\nthe Minister must take into account any criteria prescribed by\nregulation.\n(3) An exemption may be conditional.\n(4) An exemption has no effect––\n(a) to the extent that it is inconsistent with a regulation; or\n(b) during any period in which a condition of the exemption is not\ncomplied with.\n(5) An exemption is a disallowable instrument.\n\nPart 3 Pool facilities administration––minimum requirements, standards and\nguidelines\nDivision 3.1 Pool operators and staff\nSection 12\npage 12 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Pool facilities administration––\nminimum requirements,\nstandards and guidelines\nDivision 3.1 Pool operators and staff\n12 Qualifications, skills and training\n(1) The director-general may determine minimum qualifications, skills\nand training requirements for operators, employees, people engaged\nunder contract or volunteers at a pool facility.\n(2) A determination may make provision in relation to the following:\n(a) the kinds of qualifications, training, skills or experience required\nby––\n(i) operators of pool facilities; and\n(ii) in accordance with their functions––employees, people\nengaged under contract or volunteers at a pool facility;\nExamples\n• swimming instructor\n• swimming coach\n• lifeguard\n(b) ongoing professional development and training requirements;\n(c) compliance with requirements under the Working With\nVulnerable People (Background Checking) Act 2011;\n(d) requirements about record keeping relating to qualifications,\ntraining, skills or experience.\nNote 1 Power to make a statutory instrument (including a determination) about\na particular matter does not limit power to make a statutory instrument\nabout any other matter (see Legislation Act, s 44 (3)).\n\nPool facilities administration––minimum requirements, standards and\nguidelines\nPart 3\nStandards Division 3.2\nSection 13\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNote 2 Power to make a statutory instrument (including a determination)\nincludes power to make different provision in relation to different matters\nor different classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n(3) A determination is a notifiable instrument.\nNote A determination may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\nDivision 3.2 Standards\n13 Operations and management––Ministerial standards\n(1) The Minister may determine standards in relation to the operation or\nmanagement of a pool facility.\n(2) Before determining a standard, the Minister must––\n(a) consult with people or organisations that conduct an activity or\nare engaged in the industry to which the standard relates; and\n(b) invite written submissions on the standard.\n(3) The Minister must consider any submission made under\nsubsection (2) before determining the standard.\n(4) A determination is a disallowable instrument.\nNote A determination may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\n14 Operational matters\n(1) The director-general may determine standards in relation to the\nfollowing operational matters at a pool facility:\n(a) occupancy loading;\n(b) pool loading;\n(c) water safety initiatives;\n\nPart 3 Pool facilities administration––minimum requirements, standards and\nguidelines\nDivision 3.2 Standards\nSection 15\npage 14 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) safety rules and requirements;\n(e) adult supervision of a child;\n(f) supervision of patrons by pool facility staff;\n(g) customer service charters;\nExamples\n1 standard of service patrons can expect at pool facility\n2 obligations of patrons attending pool facility\n3 feedback and complaint processes\n(h) mandatory safety equipment;\n(i) mandatory or recommended best practice signage in relation to\na pool facility, including meeting any AS, AS/NZS or\ninternational standards for safety signs;\n(j) record keeping in relation to the operation and management of a\npool facility.\n(2) Before determining a standard, the director-general must––\n(a) consult with people or organisations that conduct an activity or\nare engaged in the industry to which the standard relates; and\n(b) invite written submissions on the standard.\n(3) The director-general must consider any submission made under\nsubsection (2) before determining the standard.\n(4) A determination is a notifiable instrument.\nNote A determination may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\n15 Conditions of entry and removal\n(1) The director-general may determine standards in relation to\nconditions of entry to, and requirements for removal from, a pool\nfacility.\n\nPool facilities administration––minimum requirements, standards and\nguidelines\nPart 3\nStandards Division 3.2\nSection 16\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A standard may make provision in relation to the following:\n(a) conditions of entry, including––\n(i) health and hygiene requirements; and\n(ii) the minimum age for entry without adult supervision; and\n(iii) in relation to assistance animals;\n(b) rules of behaviour, including behaviour that may cause a person\nto be excluded or removed from a pool facility;\n(c) procedures and grounds for excluding people, including in\nrelation to operational matters.\nExamples––pars (b) and (c)\n• possession of alcohol\n• smoking\n• exceeding occupancy or pool loading\n(3) A determination is a notifiable instrument.\nNote A determination may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\n16 Signs\n(1) The director-general may determine standards in relation to signage\nat a pool facility.\n(2) A standard may make provision in relation to the following:\n(a) minimum construction and design requirements for signs,\nincluding words and images that may be displayed on signs;\n(b) the size and location of signs;\n(c) signs that are mandatory or reflect best practice;\n\nPart 3 Pool facilities administration––minimum requirements, standards and\nguidelines\nDivision 3.3 Pool fees\nSection 17\npage 16 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the form of a sign and how patrons may be notified of pool\nfacility conditions of entry and grounds for exclusion or\nremoval.\nExamples––form of a sign\n1 pamphlet containing conditions of entry and grounds for exclusion or\nremoval\n2 copy of notifiable instrument displayed prominently at pool facility\n(3) A determination is a notifiable instrument.\nNote A determination may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\nDivision 3.3 Pool fees\n17 Pool fees and guidelines––category 1 facilities\n(1) This section applies to a category 1 facility.\n(2) An operator of the facility may set fees to be charged for the facility,\nif there is no fee determination under section 54 (Determination of\nfees) in force for the facility.\n(3) The Minister may issue guidelines for fees (the pool fee guidelines)\nto be set under subsection (2).\n(4) A pool fee guideline may make provision in relation to the following:\n(a) the pool facilities that are subject to the pool fee guidelines;\n(b) the maximum fees that may be set;\n(c) fees for different purposes or circumstances;\n(d) fees based on the following:\n(i) the age of patrons;\nExamples\n• child\n• student\n• senior\n\nPool facilities administration––minimum requirements, standards and\nguidelines\nPart 3\nPool fees Division 3.3\nSection 17\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) whether a patron is supervising a child or person requiring\ncare;\n(iii) entry with a concession or disability card issued by the\nTerritory, a State or the Commonwealth;\n(iv) combined memberships for pool facility use and other\nrecreational uses;\n(v) community-based membership;\n(vi) entry as a spectator only;\n(vii) entry as a member of a swimming school, training squad or\nother aquatic group;\n(viii) the nature and scale of the activities being carried out at a\npool facility;\nExamples––nature of activities\n• pool hire for school carnival\n• exclusive lane hire\n(e) fees for lessons or coaching;\n(f) fees for the sale or hire of articles and equipment;\n(g) the way fees are notified;\n(h) the circumstances in which fees may be waived or reduced;\n(i) the review of the pool fee guidelines and timeframe for the\nreview;\n(j) any matters the director-general may consider before the fees are\napplied.\nNote Power to make a statutory instrument (including a guideline) about a\nparticular matter does not limit power to make a statutory instrument\nabout any other matter (see Legislation Act, s 44 (3)).\n(5) A pool fee guideline is a notifiable instrument.\nNote A pool fee guideline may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\n\nPart 3 Pool facilities administration––minimum requirements, standards and\nguidelines\nDivision 3.4 Prohibited articles\nSection 18\npage 18 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.4 Prohibited articles\n18 Meaning of prohibited article\nIn this Act:\nprohibited article means a thing declared by the director-general to\nbe a prohibited article under section 19.\n19 Declaration of prohibited articles\n(1) The director-general may declare a thing to be a prohibited article if\nsatisfied that the thing––\n(a) is, or is likely to be––\n(i) obscene or offensive; or\n(ii) an undue risk to the health and safety of people at a pool\nfacility; or\n(iii) a hazard at a pool facility; or\n(b) is otherwise inappropriate at a pool facility.\nExamples––par (a)\n1 magazines or audio visual material with an “R’ classification\n2 ceramic or glass item\nExample––par (b)\nhigh-power water pistol\n(2) A declaration may state that a prohibited article must not––\n(a) be sold or offered for sale at a pool facility; or\n(b) be hired or offered for hire at a pool facility.\nNote Power to make a statutory instrument (including a notifiable instrument)\nincludes power to make different provision in relation to different matters\nor different classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\nPool facilities administration––minimum requirements, standards and\nguidelines\nPart 3\nProhibited articles Division 3.4\nSection 19\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A declaration is a notifiable instrument.\nNote A declaration may apply, adopt or incorporate a law of another\njurisdiction or instrument, as in force from time to time (see s 56).\n\nPart 4 Maintenance directions and pool closure orders\nDivision 4.1 Maintenance directions\nSection 20\npage 20 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Maintenance directions and pool\nclosure orders\nDivision 4.1 Maintenance directions\n20 Pool facility not maintained\n(1) This section applies if the director-general is satisfied on reasonable\ngrounds that—\n(a) an operator of a pool facility is not maintaining the pool facility\nin good repair or condition; and\n(b) the failure to maintain the pool facility is causing undue risk to\npeople, property or the environment.\n(2) The director-general may direct the operator to maintain the pool\nfacility (a maintenance direction).\nNote 1 The director-general’s decision to issue a maintenance direction is\nreviewable by the ACAT (see s 50 and sch 1).\nNote 2 The director-general must give the operator a reviewable decision notice\nin relation to the decision to issue a maintenance direction (see s 50).\n(3) A maintenance direction must be in writing and state the action to be\ntaken to ensure the pool facility is maintained in a way that is likely\nto prevent or reduce risk to people, property or the environment and\ninclude the following:\n(a) the details of the maintenance work required, or matters to be\nrectified;\n(b) when the maintenance direction must be complied with, being a\nday at least 1 month after the day the maintenance direction is\ngiven to the operator;\n(c) if the maintenance required is extensive––\n(i) that the pool facility be closed for a period (a stated period)\nfor maintenance work to be carried out; and\n\nMaintenance directions and pool closure orders Part 4\nEmergency closure orders Division 4.2\nSection 21\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the stated period the pool must be closed.\n(4) A maintenance direction must also state that, if the maintenance\ndirection is not complied with, the pool facility may be closed under\nsection 21 if closure is the only viable option to prevent or reduce\nundue risk to people, property or the environment.\n(5) If a maintenance direction includes a stated period for the pool to be\nclosed, the maintenance direction must provide that––\n(a) the stated period starts on a day at least 60 days after the day the\nmaintenance direction is given to the operator of the pool\nfacility; and\n(b) as far as practicable, the stated period is during the off-peak\nseason.\n(6) A stated period may end on a stated day or on the happening of a\nstated event.\nDivision 4.2 Emergency closure orders\n21 Emergency closure of pool facility\n(1) The director-general may order an operator of a pool facility to close\nthe pool facility (an emergency closure order) if the director-general\nbelieves on reasonable grounds that—\n(a) the operator did not comply with a maintenance direction, and\nthe closure of the pool facility is the only viable option to\nprevent or reduce undue risk to people, property or the\nenvironment; or\n(b) the immediate closure of a pool facility is the only viable option\nto prevent or reduce undue risk to people, property or the\nenvironment.\n\nPart 4 Maintenance directions and pool closure orders\nDivision 4.2 Emergency closure orders\nSection 22\npage 22 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If an emergency closure order is made under subsection (1), the\ndirector-general must immediately, or as soon as practicable, give\nwritten notice to the operator stating the following:\n(a) the pool facility that must be closed by the operator;\n(b) the grounds on which the order is given;\n(c) the date of issue of the order;\n(d) that the order starts on the day the order is given;\n(e) when the order ends;\n(f) that if the order is not complied with, the operator may be\ncommitting an offence under section 22;\n(g) that the operator may apply for the cancellation of the order\nunder section 23 and details about the application process.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) For subsection (2) (e), the order may end on a stated day or on the\nhappening of a stated event.\n22 Offence—fail to comply with emergency closure order\n(1) A person commits an offence if the person—\n(a) is subject to an emergency closure order; and\n(b) the person fails to comply with the order.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n23 Cancellation of emergency closure order––application\n(1) An operator of a pool facility who is required to close the pool facility\nby an emergency closure order may apply, in writing, not later than 7\ndays after the day the order is given, to the director-general for\ncancellation of the emergency closure order stating reasons why the\norder should be cancelled.\n\nMaintenance directions and pool closure orders Part 4\nEmergency closure orders Division 4.2\nSection 24\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Before making a decision on the application, the director-general\nmust consider—\n(a) the application; and\n(b) the grounds on which the emergency closure order was given;\nand\n(c) the current state of the pool facility to which the order relates.\n(3) The director-general may cancel the emergency closure order if\nsatisfied on reasonable grounds that the cancellation will not\nendanger the health or safety of people or cause undue risk to property\nor the environment.\nNote The director-general’s decision to refuse to cancel an emergency closure\norder is reviewable by the ACAT (see s 50 and sch 1).\n(4) The director-general must tell the operator of the decision and, if the\ndirector-general refuses to cancel the emergency closure order, the\nreasons for the refusal.\nNote The director-general must also give the operator a reviewable decision\nnotice in relation to the decision to refuse to cancel an emergency closure\norder (see s 50).\n24 Compensation––pool closure\n(1) This section applies if—\n(a) a person was subject to a maintenance direction or an emergency\nclosure order requiring a pool facility to be closed; and\n(b) the person suffers loss or expense because of the direction or\norder; and\n(c) the person considers that there were insufficient grounds for\ngiving the direction or order.\n(2) The person may apply, in writing, to the Minister for compensation,\nsetting out the reasons for the application.\n\nPart 4 Maintenance directions and pool closure orders\nDivision 4.2 Emergency closure orders\nSection 24\npage 24 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Minister must—\n(a) decide whether to pay any compensation to the person and, if so,\nthe amount of the compensation; and\n(b) give the person written notice of the Minister’s decision.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(4) If the Minister is satisfied that there were insufficient grounds for\ngiving the direction or order, the Territory must pay the person the\nreasonable compensation decided by the Minister.\n(5) However, compensation is not payable to the person—\n(a) in relation to any loss or expense suffered by the person because\nof an act or omission of the person; or\n(b) if the person caused or contributed to the circumstances that\ncaused the direction or order to be given; or\n(c) if the direction or order was given in accordance with this Act\nand in good faith.\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(6) If the Minister does not decide the application within 28 days after\nthe day the Minister receives the application, the Minister is taken to\nhave refused to pay compensation.\n\nRefusing entry and removal powers Part 5\nSection 25\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Refusing entry and removal\npowers\n25 Definitions—pt 5\n(1) In this part:\nauthorised person, in relation to a pool facility, means––\n(a) the operator; or\n(b) an employee of the operator; or\n(c) a licensed security guard engaged by the operator.\nlicensed security guard means a person who holds a security licence.\n(2) In this section:\nsecurity licence means a licence under the Security Industry Act 2003\nthat authorises the licensee to carry out crowd control under that Act,\nwhether or not it authorises the licensee to do anything else.\n26 Authorised person may refuse entry\n(1) An authorised person may refuse entry to a pool facility to a child if\nthe child is––\n(a) under the minimum age; and\n(b) not accompanied by an adult.\n(2) An authorised person may also refuse a person entry to a pool facility\nif the authorised person believes on reasonable grounds that—\n(a) the person has committed, or is likely to commit, an offence\nagainst this Act; or\n(b) the person has contravened, or is likely to contravene a condition\nof entry to the pool facility; or\n\nPart 5 Refusing entry and removal powers\nSection 27\npage 26 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) admitting the person will be inconsistent with a standard.\nExample––par (c)\npool or occupancy loading exceeded\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(3) An authorised person may only refuse entry to a person under\nsubsection (2) (b) or (c) if the conditions of entry or standard, and\ngrounds for exclusion for contravening those conditions or to meet a\nstandard, are displayed or made available at the entry of the pool\nfacility.\n(4) In this section:\nminimum age means the minimum age mentioned in a standard\ndetermined under section 15 (Conditions of entry and removal).\nstandard means a standard determined under division 3.2.\n27 Authorised person’s directions\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person at a pool facility—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) has contravened, or is likely to contravene, a condition of entry\nto the pool facility.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The authorised person may direct the person––\n(a) as reasonably necessary for—\n(i) the good management of the pool facility; or\n\nRefusing entry and removal powers Part 5\nSection 28\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the safety and enjoyment of people at the pool facility; or\n(b) to immediately leave the pool facility.\nExamples––when direction to leave may be given\n1 for drinking alcohol or smoking\n2 for damaging infrastructure\n3 for other behaviour that contravenes a condition of entry\n(3) For subsection (1) (b), an authorised person may only give a direction\nunder subsection (2) (b) if the conditions of entry and grounds for\nremoving a person for contravening those conditions are displayed or\nmade available at the entry of the pool facility.\n(4) If an authorised person gives a direction under subsection (2) (b) to a\nperson, the authorised person must tell the person that it is an offence\nto fail to comply with the direction.\n(5) A direction under subsection (2) (b) is effective whether or not the\nperson paid an entry fee to the pool facility.\n28 Authorised person’s direction––operational reasons\n(1) An authorised person may direct a person at any time to immediately\nleave a pool facility because the pool facility is required for a specific\npurpose.\nExample\na pool facility is to be used for a school carnival or other event\n(2) If an authorised person directs a person to leave, the authorised person\nmust tell the person that it is an offence to fail to comply with the\ndirection.\n(3) A direction under subsection (1) is effective whether or not the person\npaid an entry fee to the pool facility.\n(4) However, unless a sign is displayed at the entry of the pool facility\nstating that the facility will be closed for a specific purpose, the\nperson who is directed to leave under subsection (1) is entitled to a\nfull refund of the person’s entry fee.\n\nPart 5 Refusing entry and removal powers\nSection 29\npage 28 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Disability––assistance animals\n(1) This section applies to a person if the person is accompanied by an\nassistance animal.\n(2) The animal may enter and remain at a pool facility only if the animal\nis accompanying the person.\n(3) The person must not cause or allow the animal to enter or remain in a\npool.\n(4) If an animal enters a pool, an authorised person may direct the person\nto remove the animal from the pool.\n(5) If the person fails to comply with a direction under subsection (4), the\nauthorised person may direct the person to immediately leave the pool\nfacility.\n(6) An authorised person may only give a direction under subsection (5)\nif the conditions of entry in subsections (2) and (3), and the effect of\ncontravening those conditions, are displayed or made available at the\nentry of the pool facility.\n(7) If an authorised person gives a direction under subsection (5) to a\nperson, the authorised person must tell the person that it is an offence\nto fail to comply with the direction.\n(8) A direction under subsection (5) is effective whether or not the person\npaid an entry fee to the pool facility.\n(9) In this section:\naccompanied by an assistance animal—a person is accompanied by\nan assistance animal if the person—\n(a) is a person with disability and is accompanied by an assistance\nanimal that is assisting the person to alleviate the effect of the\ndisability; or\n(b) is an assistance animal trainer and is accompanied by an animal\nthat is being trained as an assistance animal; or\n\nRefusing entry and removal powers Part 5\nSection 30\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) is an assistance animal assessor and is accompanied by an\nanimal that is being assessed as an assistance animal.\nassistance animal assessor—see the Domestic Animals Act 2000,\nsection 94.\nassistance animal trainer—see the Domestic Animals Act 2000,\nsection 94.\n30 Offence—fail to comply with direction\n(1) A person commits an offence if the person—\n(a) is subject to a direction to leave under section 27 (2) (b),\nsection 28 (1) or section 29 (5); and\n(b) fails to comply with the direction.\nMaximum penalty: 10 penalty units.\nNote Fail includes refuse (see Legislation Act, dict, pt 1).\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply to a person if, before giving the direction,\nthe authorised person did not warn the person that failure to comply\nwith the direction is an offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) If a person commits an offence under subsection (1), a police officer\nor licensed security guard may use such force as is reasonably\nnecessary to—\n(a) apprehend and detain the person; or\n(b) remove the person from, or stop the person from re-entering, the\npool facility.\n\nPart 5 Refusing entry and removal powers\nSection 30\npage 30 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A police officer or licensed security guard exercising powers under\nsubsection (4) may act with such assistance as is reasonably necessary\nfrom an authorised person.\n(6) A person must not be detained under subsection (4) (a) for longer than\nis reasonably necessary to remove the person from the pool facility.\n\nOffences Part 6\nSection 31\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Offences\n31 Infections\n(1) A person commits an offence if the person––\n(a) is suffering from a skin, gastrointestinal or other infection that\nis communicable in or around water; and\n(b) enters or remains at a pool facility.\nMaximum penalty: 5 penalty units.\n(2) This section does not apply if the person has a medical certificate or\nreport from a doctor stating that the person is not a health risk to other\npeople at the pool facility.\n32 Smoking prohibited\n(1) A person commits an offence if the person smokes in a pool facility.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply if the pool facility has no signage\nindicating that the facility is smoke-free.\n33 Consumption of liquor\n(1) A person commits an offence if the person––\n(a) is at a pool facility; and\n(b) consumes liquor or low-alcohol liquor.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nPart 6 Offences\nSection 34\npage 32 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Possession of liquor\n(1) A person commits an offence if the person––\n(a) is at a pool facility; and\n(b) possesses liquor or low-alcohol liquor.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n35 Graffiti etc\n(1) A person commits an offence if the person––\n(a) marks any part of a pool facility; and\n(b) is not authorised to mark the pool facility by the operator of the\npool facility.\nMaximum penalty: 5 penalty units.\n(2) In this section:\nmark means write on, draw on or paint.\n36 Damaging infrastructure\n(1) A person commits an offence if the person––\n(a) is at a pool facility; and\n(b) engages in conduct that damages or interferes with any\ninfrastructure of the pool facility; and\n(c) is reckless about whether the conduct is likely to damage or\ninterfere with any infrastructure of the pool facility; and\n(d) is not authorised by the operator of the pool facility to engage in\nthe conduct.\nMaximum penalty: 10 penalty units.\n\nOffences Part 6\nSection 36\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\ninfrastructure includes a lock, valve, tap, pipework, machinery,\napparatus, furniture, fittings, showers, toilets or changing rooms.\n\nPart 7 Enforcement\nDivision 7.1 Inspectors and identity cards\nSection 37\npage 34 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Enforcement\nDivision 7.1 Inspectors and identity cards\n37 Inspectors\n(1) The director-general may appoint a public servant as an inspector for\nthis Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) Also, a police officer is an inspector for this Act.\n38 Identity cards\n(1) This section applies in relation to an inspector appointed under\nsection 37 (1).\n(2) The director-general must give an inspector an identity card stating\nthe person’s name and that the person is an inspector.\n(3) The identity card must show—\n(a) a recent photograph of the inspector; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(4) A person commits an offence if the person—\n(a) stops being an inspector; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable, but not later than 7 days, after the day the\nperson stops being an inspector.\nMaximum penalty: 1 penalty unit.\n\nEnforcement Part 7\nPowers of inspectors Division 7.2\nSection 39\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) Subsection (4) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (5) (see Criminal Code, s 58).\n(6) An offence against this section is a strict liability offence.\n39 Power not to be exercised before identity card shown\n(1) This section applies in relation to an inspector appointed under\nsection 37 (1).\n(2) The inspector may exercise a power under this Act in relation to a\nperson only if the inspector first shows the person the inspector’s\nidentity card.\nDivision 7.2 Powers of inspectors\n40 Power to enter pool facility\n(1) For this Act, an inspector may—\n(a) for a category 1 facility––\n(i) enter a pool facility in accordance with a facility\nmanagement agreement for the facility; or\n(ii) if the facility management agreement does not provide for\npowers of entry to a pool facility––enter the pool facility at\nany time; or\n(b) in any other case––\n(i) during the stated period, enter a pool facility that the public\nis entitled to use or that is open to the public (whether or\nnot on payment of money); or\n\nPart 7 Enforcement\nDivision 7.2 Powers of inspectors\nSection 41\npage 36 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) at any time, enter a pool facility with the consent of the\noperator of the pool facility; or\n(iii) at any time, enter a pool facility if the inspector believes on\nreasonable grounds that the circumstances are so serious\nand urgent that immediate entry to the pool facility is\nnecessary.\n(2) However, subsection (1) (b) (i) does not authorise entry into a part of\nthe pool facility that is being used only for residential purposes.\n(3) An inspector may, without the consent of the operator, enter land\naround the pool facility to ask for consent to enter the pool facility.\n(4) To remove any doubt, an inspector may enter the pool facility under\nsubsection (1) without payment of an entry fee or other charge.\n(5) In this section:\nstated period means the period from Monday to Saturday between\n8.00 am and 6.00 pm.\n41 Production of identity card\n(1) An inspector must not remain at a pool facility entered under this part\nif the inspector does not produce the inspector’s identity card when\nasked by the operator of the pool facility.\n(2) A police officer must not remain at a pool facility entered under this\npart if the officer does not produce evidence that the officer is a police\nofficer when asked by the operator of the pool facility.\n42 Consent to entry\n(1) When seeking the consent of an operator of a pool facility to enter the\npool facility under section 40 (1) (b) (ii), an inspector must—\n(a) either—\n(i) for an inspector appointed under section 37 (1)—produce\nthe inspector’s identity card; or\n\nEnforcement Part 7\nPowers of inspectors Division 7.2\nSection 42\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) for a police officer—produce evidence that the person is a\npolice officer; and\n(b) tell the operator—\n(i) the purpose of the entry; and\n(ii) that anything found under this part may be used in evidence\nin court; and\n(iii) that consent may be refused.\n(2) If the operator of a pool facility consents, the inspector must ask the\noperator to sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the operator was told—\n(i) the purpose of the entry; and\n(ii) that anything found under this part may be used in evidence\nin court; and\n(iii) that consent may be refused; and\n(b) that the operator consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the operator of a pool facility signs an acknowledgment of consent,\nthe inspector must as soon as practicable give a copy to the operator.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(4) A court must find that the operator of a pool facility did not consent\nto an inspector entering the pool facility under this part if—\n(a) the question arises in a proceeding in the court whether the\noperator consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the operator consented to the entry.\n\nPart 7 Enforcement\nDivision 7.2 Powers of inspectors\nSection 43\npage 38 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Advance notification and consent to entry\n(1) An inspector may seek the advance consent of an operator of a pool\nfacility to enter the pool facility.\n(2) When seeking the advance consent of the operator to enter the pool\nfacility, an inspector must notify the operator, in writing—\n(a) either––\n(i) for an inspector appointed under section 37 (1)––giving a\ncopy of the inspector’s identity card; or\n(ii) for a police officer—providing evidence that the person is\na police officer; and\n(b) stating—\n(i) the proposed time and day when the entry would be made;\nand\n(ii) the purpose of the entry; and\n(iii) that anything found under this part may be used in evidence\nin court; and\n(iv) that consent may be refused; and\n(c) asking the operator to—\n(i) sign the acknowledgment of advance consent if the\noperator consents to the entry; and\n(ii) return the acknowledgment of advance consent to the\ninspector.\n(3) If the operator of the pool facility signs and returns the\nacknowledgment of advance consent, the inspector must—\n(a) enter the pool facility at the proposed time and day mentioned\nin subsection (2); and\n\nEnforcement Part 7\nPowers of inspectors Division 7.2\nSection 43\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) when entering the pool facility—\n(i) either––\n(A) for an inspector appointed under section 37 (1)—\nproduce the inspector’s identity card; or\n(B) for a police officer—produce evidence that the person\nis a police officer; and\n(ii) produce the acknowledgment of advance consent; and\n(iii) give the operator a copy of the acknowledgment of advance\nconsent.\n(4) In this section:\nacknowledgment of advance consent means a written statement\nsigned by the operator of a pool facility stating the following:\n(a) that the operator was told—\n(i) the proposed time and day when the entry would be made;\nand\n(ii) the purpose of the entry; and\n(iii) that anything found under this part may be used in evidence\nin court; and\n(iv) that consent may be refused;\n(b) that the operator consents in advance to the entry at the proposed\ntime and day;\n(c) the time and day when the advance consent was given.\n\nPart 7 Enforcement\nDivision 7.2 Powers of inspectors\nSection 44\npage 40 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n44 General powers on entry to pool facility\n(1) An inspector who enters a pool facility under this part may, for this\nAct, do 1 or more of the following in relation to the pool facility or\nanything at the pool facility:\n(a) inspect or examine;\n(b) inspect and copy, or take an extract from, any document at the\npool facility;\nNote Document––see the Legislation Act, dictionary, pt 1.\n(c) take measurements or conduct tests;\n(d) take samples;\n(e) take photographs, films or audio, video or other recordings;\n(f) require the operator of the pool facility to give information,\nanswer questions, or produce documents or anything else,\nreasonably needed to exercise the inspector’s powers under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (f).\nMaximum penalty: 20 penalty units.\n45 Other powers\n(1) An inspector may, by written notice, require the operator of a pool\nfacility to give information, answer questions, or produce documents\nor anything else, reasonably needed to exercise the inspector’s\npowers under this part.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\nEnforcement Part 7\nMiscellaneous Division 7.3\nSection 46\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1).\nMaximum penalty: 20 penalty units.\nDivision 7.3 Miscellaneous\n46 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\ninspector must take all reasonable steps to ensure that the inspector\ncauses as little inconvenience, detriment and damage as practicable.\n(2) If an inspector damages anything in the exercise or purported exercise\nof a function under this part, the inspector must give written notice of\nthe particulars of the damage to––\n(a) for an asset owned by the Territory––the operator of the pool\nfacility; or\n(b) in any other case––the person the inspector believes on\nreasonable grounds is the owner of, or the person responsible\nfor, the thing.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The notice must state that—\n(a) the person may claim compensation from the Territory if the\nperson suffers loss or expense because of the damage; and\n(b) compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction; and\n(c) the court may order the payment of reasonable compensation for\nthe loss or expense only if satisfied it is just to make the order in\nthe circumstances of the particular case.\n(4) If the damage happens at a pool facility entered under this part in the\nabsence of the operator of the pool facility, the notice may be given\nby leaving it, secured conspicuously, at the pool facility.\n\nPart 7 Enforcement\nDivision 7.4 Auditing and compliance\nSection 47\npage 42 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an inspector.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\nDivision 7.4 Auditing and compliance\n48 Appointment of auditor\n(1) The director-general may appoint a suitably qualified person to\nconduct an audit of a pool facility (an auditor) in relation to water\nsafety measures at the premises.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n\nEnforcement Part 7\nAuditing and compliance Division 7.4\nSection 48\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The operator of the pool facility being audited must––\n(a) comply with the reasonable requirements of the auditor; and\n(b) allow the auditor access to the premises and information\nreasonably required to conduct the audit; and\n(c) pay any fee for the audit that is payable to the auditor.\n(3) The auditor must provide a written report to the director-general and\nthe operator of the pool facility audited, within the time set by the\ndirector-general.\n\nPart 8 Notification and review of decisions\nSection 49\npage 44 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Notification and review of\ndecisions\n49 Meaning of reviewable decision––pt 8\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n50 Reviewable decision notices\nIf the director-general makes a reviewable decision, the\ndirector-general must give a reviewable decision notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n51 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 9\nSection 52\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Miscellaneous\n52 Liability for loss of, or damage to, property\n(1) No action lies against the Territory by reason of the loss of, or damage\nto, property occurring in any pool facility.\n(2) No action lies against the operator of, or an employee of the operator\nat, any pool facility by reason of the loss of, or damage to, property\noccurring in the pool facility as a result of an act or omission of the\noperator or the employee in the course of the operator exercising the\noperator’s functions, or the employee’s employment.\n53 Protection from liability\n(1) A public servant exercising a function under this Act does not incur\ncivil liability for an act or omission done honestly and without\nrecklessness for this Act.\n(2) Any civil liability that would, apart from this section, attach to a\npublic servant attaches instead to the Territory.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n54 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n55 Exemption from fees\n(1) The Minister may exempt a pool facility from the application of any\nfees determined under section 54.\n(2) An exemption is a disallowable instrument.\n\nPart 9 Miscellaneous\nSection 56\npage 46 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n56 Statutory instruments––application etc of other laws or\ninstruments\n(1) A statutory instrument under this Act may apply, adopt or incorporate\na law of another jurisdiction or an instrument, as in force from time\nto time.\nExample––incorporated instrument\nRoyal Life Saving Society–Australia guidelines or standards in relation to––\n• qualifications, skills or training for lifeguards or coaches\n• water safety initiatives\n• signage\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(2) The Legislation Act, section 47 (6) does not apply in relation to an\nAS, AS/NZS or international standard applied, adopted or\nincorporated under subsection (1).\nNote An AS, AS/NZS or international standard does not need to be notified\nunder the Legislation Act because s 47 (6) does not apply (see Legislation\nAct, s 47 (7)). An AS, AS/NZS or international standard may be\npurchased at www.standards.org.au.\n58 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\nMiscellaneous Part 9\nSection 59\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n59 Regulations––first-aid equipment and facilities\nA regulation may make provision in relation to the following:\n(a) the minimum requirements for first-aid equipment and facilities;\n(b) the pool facilities that must comply with first-aid equipment and\nfacilities requirements;\n(c) design specifications for first-aid facilities.\nExamples––par (a)\n• first-aid kit\n• rescue and resuscitation equipment\n• spinal boards and extrication collars\n• disposable bandages, swabs, hygiene items\n• stretchers, blankets, pillows\nExamples––par (c)\n• dedicated room\n• washing facilities\n• washable floors\n• storage requirements\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\n\nSchedule 1 Reviewable decisions\npage 48 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 8)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 20 (2) issue maintenance direction person directed\n2 23 (3) refuse to cancel emergency closure order person ordered\n\nDictionary\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act\n• adult\n• AS (see s 164 (1))\n• AS/NZS (see s 164 (2))\n• Australian Standard (see s 164 (1))\n• child\n• Commonwealth\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• document\n• magistrate\n• police officer\n• public servant\n• State\n• statutory instrument (see s 13)\n• the Territory.\nassistance animal—see the Discrimination Act 1991,\nsection 5AA (3).\nauthorised person, in relation to a pool facility, for part 5 (Refusing\nentry and removal powers)—see section 25 (1).\ncategory 1 facility––see section 7.\ncondition of entry means a condition of entry included in a standard\ndetermined under section 15.\nemergency closure order––see section 21.\n\nDictionary\npage 50 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfacility management agreement means a contractual arrangement\nwith the Territory for the management of a pool facility.\ninspector means an inspector mentioned in section 37.\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\nlicensed security guard, for part 5 (Refusing entry and removal\npowers)––see section 25 (1).\nliquor––see the Liquor Act 2010, section 11.\nlow-alcohol liquor––see the Liquor Act 2010, dictionary.\nmaintenance direction––see section 20 (2).\noperator, of a pool facility––see section 8.\npool––see section 9.\npool facility––see section 10.\npool fee guidelines––see section 17.\npremises includes land, structure, vehicle or boat.\nprohibited article––see section 18.\nreviewable decision, for part 8 (Notification and review of\ndecisions)––see section 49.\n\nEndnotes\nAbout the endnotes 1\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 52 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nPublic Pools Act 2015 A2015-7\nnotified LR 31 March 2015\ns 1, s 2 commenced 31 March 2015 (LA s 75 (1))\nremainder commenced 1 July 2015 (s 2 and CN2015-8)\nas amended by\nAnimal Welfare Legislation Amendment Act 2019 A2019-35 pt 11\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\npt 11 commenced 10 April 2020 (s 2 (2))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.49\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.49 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.140\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.140 commenced 26 December 2025 (s 2 (7))\n\nEndnotes\nAmendment history 4\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nExemption of pool facility or person from Act\ns 11 am A2025-29 amdt 4.141\nQualifications, skills and training\ns 12 am A2025-29 amdt 4.141\nOperations and management––Ministerial standards\ns 13 am A2025-29 amdt 4.141\nOperational matters\ns 14 am A2025-29 amdt 4.141\nConditions of entry and removal\ns 15 am A2025-29 amdt 4.141\nSigns\ns 16 am A2025-29 amdt 4.141\nPool fees and guidelines––category 1 facilities\ns 17 am A2025-29 amdt 4.141\nDeclaration of prohibited articles\ns 19 am A2025-29 amdt 4.141\nPool facility not maintained\ns 20 am A2025-29 amdt 4.141\nDisability—assistance animals\ns 29 am A2019-35 ss 140-142\nReviewable decision notices\ns 50 am A2025-29 amdt 4.141\nApplications for review\ns 51 am A2025-29 amdt 4.141\nDetermination of fees\ns 54 am A2025-29 amdt 4.141\nExemption from fees\ns 55 am A2025-29 amdt 4.141\nStatutory instruments––application etc of other laws or instruments\ns 56 am A2025-29 amdt 4.141\nApproved Forms\ns 57 om A2021-12 amdt 3.160\nRegulation-making power\ns 58 am A2025-29 amdt 4.141\n\nEndnotes\n4 Amendment history\npage 54 Public Pools Act 2015\nEffective: 26/12/25\nR5\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepeals and consequential amendments\npt 10 hdg om LA s 89 (3)\nLegislation repealed\ns 60 om LA s 89 (3)\nLegislation amended––sch 2\ns 61 om LA s 89 (3)\nTransitional\npt 20 hdg exp 1 July 2017 (s 203)\nMeaning of commencement day—pt 20\ns 200 exp 1 July 2017 (s 203)\nFacility management agreements\ns 201 exp 1 July 2017 (s 203)\nTransitional regulations\ns 202 exp 1 July 2017 (s 203)\nExpiry—pt 20\ns 203 exp 1 July 2017 (s 203)\nConsequential amendments\nsch 2 om LA s 89 (3)\nDictionary\ndict def assistance animal sub A2019-35 s 143\n\nEndnotes\nEarlier republications 5\nR5\n26/12/25\nPublic Pools Act 2015\nEffective: 26/12/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2015\n1 July 2015-\n1 July 2017\nnot amended new Act\nR2\n2 July 2017\n2 July 2017-\n9 April 2020\nnot amended expiry of\ntransitional\nprovisions (pt 20)\nR3\n10 April 2020\n10 April 2020-\n22 June 2021\nA2019-35 amendments by\nA2019-35\nR4\n23 June 2021\n23 June 2021–\n25 Dec 2025\nA2021-12 amendments by\nA2021-12\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating public pool facilities in the ACT. The 2025 amendments (A2025-29) appear to be technical/statute law amendments updating procedural provisions rather than expanding substantive scope. The Act continues to target category 1 facilities (Territory-owned public pools) with specific provisions for safety, fees, enforcement, and closure powers. No significant scope creep is evident; the structure and coverage remain consistent with the 2015 original intent."},"complexity_factors":["Moderate length statute (59 sections plus schedule and dictionary) with standard ACT legislative structure","Cross-references to external legislation including Criminal Code, Liquor Act 2010, Domestic Animals Act 2000, Working With Vulnerable People Act 2011, and Security Industry Act 2003","Multiple layers of delegated legislation: Ministerial standards (disallowable instruments), director-general determinations (notifiable instruments), and regulations","Conditional logic in enforcement powers requiring specific preconditions (identity card production, consent requirements, advance notification procedures)","Nested exceptions in offence provisions (e.g., smoking offence doesn't apply if no signage displayed; infection offence exempt with medical certificate)","Dual pathways for entry: category 1 facilities vs other facilities with different consent/notification requirements","Incorporation by reference of external standards (AS, AS/NZS, international standards, Royal Life Saving Society guidelines) with special notification exemptions under Legislation Act s 47(6) disapplication"],"plain_english_summary":"This Act governs Territory-owned public swimming pools — the operators who run them and the people who use them — by setting safety and training standards, supervision and signage rules, fee controls and concession guidance, banned items, and behaviour/entry rules. It grants powers to close or inspect facilities, issue fines for offences (e.g. infectious swimming, smoking, vandalism), and lets operators seek compensation or review certain decisions in ACAT. It aims to keep pools safe, accessible and properly managed."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been amended several times and recent amendments (noted A2025‑29) materially expanded and clarified administrative rule‑making and enforcement powers.  The 2025 amendments altered numerous provisions (including exemptions, qualifications, standards, conditions of entry, signs, fees, prohibited articles, maintenance directions, review notice requirements, fee determinations and the statutory instruments regime) so the law now places greater emphasis on detailed regulatory control through determinations and regulations rather than containing all rules in the statute itself (see amendment history).  Effectively, the Act has grown from a basic safety/maintenance framework into a more elaborate administrative regime that relies heavily on subordinate instruments and administrative discretion to set operational detail and fee controls."},"complexity_factors":["Extensive delegation to subordinate instruments: multiple notifiable and disallowable instruments (determinations, guidelines, declarations) (ss 12–17, 19, 54–56).","Cross‑references to other statutes and external standards (Legislation Act, Liquor Act, Domestic Animals Act, AS/AS‑NZ and foreign instruments) (s 3 note; ss 31–34; s 56).","Several conditional powers and nested procedures: maintenance directions with stated periods and closure powers, emergency closure and cancellation application process (ss 20–24).","Mixed entry powers for inspectors with varied authorisation routes (facility management agreement, consent, urgent entry, specified stated period) and detailed consent/acknowledgement evidentiary rules (ss 40–43).","Multiple strict‑liability offences and procedural limits (eg warnings required before offence in s 30(3)), increasing enforcement complexity (ss 30–36).","Audit and compensation regimes with judicial discretion and regulation‑prescribed factors for courts (ss 47–48).","Review mechanisms narrowly targeted to a small set of decisions but tied into ACAT processes (pt 8; sch 1).","Amendment history shows many recent amendments expanding powers and clarifying instruments (A2025‑29 amendments to numerous sections), increasing legislative layering (endnotes and amendment history)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Applies to pools owned by the Territory that are open to the public (called “category 1 facilities”) (s 6–7).  It covers the pools themselves and associated structures and plant (change rooms, fencing, lighting, administration premises) (s 10).\n\n- Establishes who counts as the operator (the person or entity that manages or controls the facility, including under a facility management agreement) and how multiple operators are dealt with (s 8).\n\n- Gives the director‑general and the Minister broad rule‑making powers to set operational standards, staff qualifications, conditions of entry, signage rules, prohibited items, and fee guidelines (ss 12–17, 19).  Those standards and determinations are made by statutory instruments (notifiable or disallowable) and can adopt external standards or guidelines (for example Australian Standards or Royal Life Saving guidelines) (ss 12, 13, 14, 16, 56).\n\n- Allows the director‑general to issue a written maintenance direction to an operator if the facility is not being kept in a state that prevents undue risk (s 20).  If a direction is ignored or an urgent risk exists, the director‑general can order immediate closure (an emergency closure order) (s 21).  The operator can apply to have a closure order cancelled (s 23) and can seek compensation from the Minister in limited circumstances if the operator considers the order lacked sufficient grounds (s 24).\n\n- Confers powers on authorised persons (operators, their employees or licensed security guards) to refuse entry, give directions to leave, and remove people for contravening displayed conditions of entry or for operational reasons (ss 25–30).  Failure to comply with those directions is a strict‑liability offence in many cases, and police or licensed security guards may use reasonable force to detain or remove non‑compliant persons (s 30).\n\n- Creates a set of specific offences for behaviour at pool facilities (entering with certain infections, smoking, consuming/possessing alcohol, graffiti, damaging infrastructure) and prescribes penalties, many as strict‑liability offences (ss 31–36).\n\n- Establishes inspector and auditor powers for enforcement and compliance: the director‑general may appoint inspectors and auditors who can enter facilities (with consent or under specified circumstances), inspect, take samples and copies, require documents, and audit water‑safety measures (ss 37–48).  Identity cards, consent/advance‑notice procedures and limits on entry times are prescribed (ss 38–43).  Inspectors must minimise damage and may be liable (and the Territory may be liable) for loss caused by inspection (ss 46–47).\n\n- Provides a review mechanism to the ACT Civil and Administrative Tribunal (ACAT) for certain decisions—specifically maintenance directions and refusals to cancel emergency closure orders (pt 8; sch 1).  Reviewable‑decision notices must be given (ss 49–51; sch 1).\n\n- Allows the Minister to set fees by determination and to exempt particular facilities from fees; the director‑general may issue pool fee guidelines to limit or shape operator fees where no fee determination applies (ss 17, 54–55).\n\n- Permits regulations to fill out technical details such as first‑aid equipment, design specifications for first‑aid rooms, and to create offences with penalties up to 20 penalty units (ss 58–59).\n\n\n**Who this affects**\n\n- The Territory (as owner and regulator) and the director‑general/Minister (decision makers who set standards, give directions, and authorise inspectors) (ss 11–14, 20–21, 37–43).\n- Operators of Territory‑owned public pools (including private entities operating under facility management agreements) — they must comply with standards, training, audits, maintenance directions, signage and fee rules; they face potential closure orders and may be liable for compliance costs (ss 8, 12, 14, 17, 20–24, 48).\n- Employees, contractors and volunteers at those facilities — subject to qualification and background‑checking requirements where determined (s 12).\n- Patrons — subject to conditions of entry, rules (no smoking, restrictions on alcohol, hygiene/infection rules), and removal for breaches (ss 15, 31–36, 26–30).\n- Inspectors, auditors, police and licensed security guards — given powers to enforce, detain or remove non‑compliant persons and to conduct audits and inspections (ss 37–48, 30(4)).\n\n\n**Why it matters (official purpose claims and a practical test)**\n\n- The Act centralises safety and operational standards for Territory‑owned public pools and gives the Territory structured powers to enforce those standards (ss 12–16, 20–21).  The stated purpose in the instrument is to manage risk to people, property and the environment; operationally, the Act enables the Territory to close unsafe facilities and require remedial work (ss 20–21).\n\n- Testing that claim against measurable tradeoffs and implementation mechanics:\n  - Costs and who pays: operators bear the direct compliance costs — staffing training, record keeping, signage, maintenance, audit fees, and any remedial works ordered (ss 12, 14, 16, 48).  The Territory bears costs of inspectors and may pay compensation only in limited circumstances where an order lacked sufficient grounds (s 24).  If the Territory sets fees or fee caps, operator revenue and pricing discretion can be limited (ss 17, 54).\n  - Incentives: operators are given clear incentives to maintain facilities (risk of maintenance directions, closure and reputational loss), but the regime also concentrates decision rights in the director‑general and Minister (ss 20–21, 13).  That concentration reduces coordination costs for public safety but increases administrative discretion.\n  - Compliance burden and administrative complexity: many operational details are delegated to determinations, guidelines and regulations (notifiable or disallowable instruments) which will set the technical requirements operators must follow (ss 12–17, 19, 56).  This reduces the statute’s technical detail but shifts complexity to subordinate instruments.\n  - Enforcement risk and civil exposure: several offences are strict‑liability; authorised persons (including private security) may remove or have police remove non‑compliant patrons, with limited procedural prerequisites (ss 26–30, 31–36).  The Act provides some protection from civil liability for public servants acting honestly and without recklessness, and transfers civil liability to the Territory in specified cases (s 53).\n  - Review and accountability: key enforcement decisions (maintenance directions, refusal to cancel closure) are reviewable by ACAT and require reviewable‑decision notices (pt 8; sch 1), which provides a legal route for operators to challenge adverse administrative action.\n\n\n**Concrete points likely to affect decisions by operators or private parties**\n\n- Operators should expect mandatory standards and qualifications to be set by the director‑general (s 12) and should budget for audits, training and record‑keeping (ss 12, 48).\n- Operators retain fee‑setting power unless and until the Minister issues a fee determination that applies to the facility; the Minister’s guidelines may cap fees or require particular concession categories (s 17; ss 54–55).\n- Facility closures can be ordered quickly in urgent circumstances and can follow a failure to comply with a maintenance direction; closure decisions are subject to limited compensation only where the Minister is satisfied there were insufficient grounds (ss 20–24).\n- Inspectors have broad operational powers, including unannounced entry in some cases and the ability to take samples and copies.  Consent and advance‑notice procedures exist and courts place evidentiary weight on written acknowledgments (ss 40–45, 42–44).\n\n\n**Implementation and operational risks**\n\n- The law delegates substantial technical detail to subordinate instruments.  Effective implementation will require timely, clear determinations and guidelines and transparent consultation (ss 12–16, 56).\n- Administrative discretion is concentrated in senior officials (director‑general, Minister), which creates a need for clear policy guidance and consistent application to reduce appealable decisions and compensation claims (ss 11, 13, 20–24).\n- Enforcement depends on adequate resourcing of inspectors and auditors and on the clarity and availability of published conditions of entry (ss 37–48; 26(3), 27(3)).\n\n\n(References are to the sections of the Public Pools Act 2015 cited above.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-pools-act-2015","history":"/api/acts/public-pools-act-2015/history","analysis":"/api/acts/public-pools-act-2015/analysis","conflicts":"/api/acts/public-pools-act-2015/conflicts","importantCases":"/api/acts/public-pools-act-2015/important-cases","documents":"/api/acts/public-pools-act-2015/documents"}}