{"id":"qld:sl-2024-0100","name":"Safety in Recreational Water Activities Regulation 2024","slug":"safety-in-recreational-water-activities-regulation-2024","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"100 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173725,"registerId":"qld-sl-2024-0100-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Safety in Recreational Water Activities Regulation 2024 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 August 2024.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of regulation","content":"### sec.3 Application of regulation\n\nThis regulation states the way in which the duty of care imposed on a dive operator under the Act , section 16 is to be performed in relation to the matters, and to the extent, stated in this regulation.\nThis regulation also imposes duties on persons other than a dive operator.\nA duty imposed on a person under this regulation in relation to health and safety does not limit or affect any duty that person has under the Act or, unless otherwise expressly provided, another provision of this regulation.\n(sec.3-ssec.1) This regulation states the way in which the duty of care imposed on a dive operator under the Act , section 16 is to be performed in relation to the matters, and to the extent, stated in this regulation.\n(sec.3-ssec.2) This regulation also imposes duties on persons other than a dive operator.\n(sec.3-ssec.3) A duty imposed on a person under this regulation in relation to health and safety does not limit or affect any duty that person has under the Act or, unless otherwise expressly provided, another provision of this regulation.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this regulation.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Who is a dive operator","content":"### sec.5 Who is a dive operator\n\nA dive operator is a person who conducts a business or undertaking that provides any of the following as recreational water activities—\nrecreational diving;\nrecreational technical diving;\nrecreational snorkelling.\n- (a) recreational diving;\n- (b) recreational technical diving;\n- (c) recreational snorkelling.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of recreational diving , recreational technical diving and recreational snorkelling","content":"### sec.6 Meaning of recreational diving , recreational technical diving and recreational snorkelling\n\nRecreational diving is underwater diving for recreation using compressed air other than decompression diving.\nRecreational technical diving is underwater diving for recreation if—\nEANx or mixed gas is used; or\nit is decompression diving using compressed air or other gas.\nRecreational snorkelling is—\nfree diving; or\nswimming for recreation using a snorkel and mask.\nHowever, recreational diving , recreational technical diving and recreational snorkelling do not include diving or snorkelling in a swimming pool.\nIn this section—\ndecompression diving means diving that requires a diver to take a planned stop during the final ascent to decompress.\n(sec.6-ssec.1) Recreational diving is underwater diving for recreation using compressed air other than decompression diving.\n(sec.6-ssec.2) Recreational technical diving is underwater diving for recreation if— EANx or mixed gas is used; or it is decompression diving using compressed air or other gas.\n(sec.6-ssec.3) Recreational snorkelling is— free diving; or swimming for recreation using a snorkel and mask.\n(sec.6-ssec.4) However, recreational diving , recreational technical diving and recreational snorkelling do not include diving or snorkelling in a swimming pool.\n(sec.6-ssec.5) In this section— decompression diving means diving that requires a diver to take a planned stop during the final ascent to decompress.\n- (a) EANx or mixed gas is used; or\n- (b) it is decompression diving using compressed air or other gas.\n- (a) free diving; or\n- (b) swimming for recreation using a snorkel and mask.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Who is a certified diver","content":"### sec.7 Who is a certified diver\n\nA certified diver is a person who holds a certificate in recreational diving given by a recreational dive training organisation.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of entry-level certificate dive","content":"### sec.8 Meaning of entry-level certificate dive\n\nAn entry-level certificate dive is a recreational diving activity provided—\nfor 1 or more persons who are not certified divers; and\nas an initial training course in which a person who successfully completes the course is given a certificate in recreational diving by a recreational dive training organisation.\nAn initial training course is a training course in recreational diving developed by a recreational dive training organisation that substantially complies with—\nAS ISO 24801, part 1 : level 1–supervised diver; or\nAS ISO 24801, part 2 : level 2–autonomous diver.\n(sec.8-ssec.1) An entry-level certificate dive is a recreational diving activity provided— for 1 or more persons who are not certified divers; and as an initial training course in which a person who successfully completes the course is given a certificate in recreational diving by a recreational dive training organisation.\n(sec.8-ssec.2) An initial training course is a training course in recreational diving developed by a recreational dive training organisation that substantially complies with— AS ISO 24801, part 1 : level 1–supervised diver; or AS ISO 24801, part 2 : level 2–autonomous diver.\n- (a) for 1 or more persons who are not certified divers; and\n- (b) as an initial training course in which a person who successfully completes the course is given a certificate in recreational diving by a recreational dive training organisation.\n- (a) AS ISO 24801, part 1 : level 1–supervised diver; or\n- (b) AS ISO 24801, part 2 : level 2–autonomous diver.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of non-certified dive","content":"### sec.9 Meaning of non-certified dive\n\nA non-certified dive is a recreational diving activity provided—\nfor 1 or more persons who are not certified divers, regardless of whether another person who participates in the activity is a certified diver; and\nin accordance with an introductory scuba experience or introductory educational diving program developed by a recreational dive training organisation.\n- (a) for 1 or more persons who are not certified divers, regardless of whether another person who participates in the activity is a certified diver; and\n- (b) in accordance with an introductory scuba experience or introductory educational diving program developed by a recreational dive training organisation.","sortOrder":11},{"sectionNumber":"pt.2","sectionType":"part","heading":"Medical fitness and medical conditions","content":"# Medical fitness and medical conditions","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Entry-level certificate dive and non-certified dive—requirement for medical declaration","content":"### sec.10 Entry-level certificate dive and non-certified dive—requirement for medical declaration\n\nA dive operator must ensure a person participates in an entry-level certificate dive or non-certified dive only if—\nthe person has given the dive operator a declaration (a medical declaration ) about the person’s medical fitness to dive; and\nthe medical declaration is in the form approved by the regulator; and\nfor an entry-level certificate dive—the medical declaration indicates the person does not require an evaluation by a medical practitioner before participating in a dive; and\nthe dive operator, or a worker on the dive operator’s behalf—\nhas read the medical declaration; and\ndoes not know or suspect the declaration is false or misleading; and\nhas assessed the person’s fitness to dive, having regard to the declaration; and\nhas decided it is reasonable to allow the person to dive.\nA person’s medical declaration discloses a medical condition. The dive operator then seeks medical advice about the condition. In accordance with the advice, the dive operator decides it is reasonable to allow the person to dive.\nMaximum penalty—30 penalty units.\nThe dive operator must keep a copy of a medical declaration given to the dive operator under this section for at least 1 year after the day the declaration is given to the dive operator.\nMaximum penalty—12½ penalty units.\n(sec.10-ssec.1) A dive operator must ensure a person participates in an entry-level certificate dive or non-certified dive only if— the person has given the dive operator a declaration (a medical declaration ) about the person’s medical fitness to dive; and the medical declaration is in the form approved by the regulator; and for an entry-level certificate dive—the medical declaration indicates the person does not require an evaluation by a medical practitioner before participating in a dive; and the dive operator, or a worker on the dive operator’s behalf— has read the medical declaration; and does not know or suspect the declaration is false or misleading; and has assessed the person’s fitness to dive, having regard to the declaration; and has decided it is reasonable to allow the person to dive. A person’s medical declaration discloses a medical condition. The dive operator then seeks medical advice about the condition. In accordance with the advice, the dive operator decides it is reasonable to allow the person to dive. Maximum penalty—30 penalty units.\n(sec.10-ssec.2) The dive operator must keep a copy of a medical declaration given to the dive operator under this section for at least 1 year after the day the declaration is given to the dive operator. Maximum penalty—12½ penalty units.\n- (a) the person has given the dive operator a declaration (a medical declaration ) about the person’s medical fitness to dive; and\n- (b) the medical declaration is in the form approved by the regulator; and\n- (c) for an entry-level certificate dive—the medical declaration indicates the person does not require an evaluation by a medical practitioner before participating in a dive; and\n- (d) the dive operator, or a worker on the dive operator’s behalf— (i) has read the medical declaration; and (ii) does not know or suspect the declaration is false or misleading; and (iii) has assessed the person’s fitness to dive, having regard to the declaration; and (iv) has decided it is reasonable to allow the person to dive. Example of assessment and decision for a non-certified dive— A person’s medical declaration discloses a medical condition. The dive operator then seeks medical advice about the condition. In accordance with the advice, the dive operator decides it is reasonable to allow the person to dive.\n- (i) has read the medical declaration; and\n- (ii) does not know or suspect the declaration is false or misleading; and\n- (iii) has assessed the person’s fitness to dive, having regard to the declaration; and\n- (iv) has decided it is reasonable to allow the person to dive.\n- (i) has read the medical declaration; and\n- (ii) does not know or suspect the declaration is false or misleading; and\n- (iii) has assessed the person’s fitness to dive, having regard to the declaration; and\n- (iv) has decided it is reasonable to allow the person to dive.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Entry-level certificate dive—requirement for medical certificate","content":"### sec.11 Entry-level certificate dive—requirement for medical certificate\n\nThis section applies in relation to an entry-level certificate dive if—\na person has given a dive operator a medical declaration under section 10 ; and\nthe medical declaration indicates the person requires an evaluation by a medical practitioner before participating in a dive.\nThe dive operator must ensure the person participates in an entry-level certificate dive only if the person has given the dive operator a medical certificate by a medical practitioner certifying that the person is medically fit to dive.\nMaximum penalty—30 penalty units.\nThe dive operator must keep a copy of a medical certificate given to the dive operator under this section for at least 1 year after the day the certificate is given to the dive operator.\nMaximum penalty—12½ penalty units.\n(sec.11-ssec.1) This section applies in relation to an entry-level certificate dive if— a person has given a dive operator a medical declaration under section 10 ; and the medical declaration indicates the person requires an evaluation by a medical practitioner before participating in a dive.\n(sec.11-ssec.2) The dive operator must ensure the person participates in an entry-level certificate dive only if the person has given the dive operator a medical certificate by a medical practitioner certifying that the person is medically fit to dive. Maximum penalty—30 penalty units.\n(sec.11-ssec.3) The dive operator must keep a copy of a medical certificate given to the dive operator under this section for at least 1 year after the day the certificate is given to the dive operator. Maximum penalty—12½ penalty units.\n- (a) a person has given a dive operator a medical declaration under section 10 ; and\n- (b) the medical declaration indicates the person requires an evaluation by a medical practitioner before participating in a dive.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Recreational snorkelling—requirement for advice about increased risks to health and safety","content":"### sec.12 Recreational snorkelling—requirement for advice about increased risks to health and safety\n\nA dive operator must ensure that a person who participates in a recreational snorkelling activity has been advised that—\nsnorkelling can be a strenuous physical activity and may increase the risks to the health and safety of a person suffering from—\na medical condition that may be made worse by physical exertion, for example, heart disease, asthma and other lung complaints; or\na medical condition that can result in loss of consciousness, for example, some forms of epilepsy and some diabetic conditions; or\nasthma that can be brought on by cold water or salt water mist; and\nthe person should tell a worker aboard the boat if the person has any medical condition.\nMaximum penalty—30 penalty units.\n- (a) snorkelling can be a strenuous physical activity and may increase the risks to the health and safety of a person suffering from— (i) a medical condition that may be made worse by physical exertion, for example, heart disease, asthma and other lung complaints; or (ii) a medical condition that can result in loss of consciousness, for example, some forms of epilepsy and some diabetic conditions; or (iii) asthma that can be brought on by cold water or salt water mist; and\n- (i) a medical condition that may be made worse by physical exertion, for example, heart disease, asthma and other lung complaints; or\n- (ii) a medical condition that can result in loss of consciousness, for example, some forms of epilepsy and some diabetic conditions; or\n- (iii) asthma that can be brought on by cold water or salt water mist; and\n- (b) the person should tell a worker aboard the boat if the person has any medical condition.\n- (i) a medical condition that may be made worse by physical exertion, for example, heart disease, asthma and other lung complaints; or\n- (ii) a medical condition that can result in loss of consciousness, for example, some forms of epilepsy and some diabetic conditions; or\n- (iii) asthma that can be brought on by cold water or salt water mist; and","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Duties relating to transport by boat","content":"# Duties relating to transport by boat","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definition for part","content":"### sec.13 Definition for part\n\nIn this part—\nnominated crew member , in relation to a boat used to provide a recreational water activity, means—\nif only 1 worker is aboard the boat—the worker; or\notherwise—at least 2 workers aboard the boat nominated by the dive operator providing the activity.\n- (a) if only 1 worker is aboard the boat—the worker; or\n- (b) otherwise—at least 2 workers aboard the boat nominated by the dive operator providing the activity.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Requirement to count persons aboard boat","content":"### sec.14 Requirement to count persons aboard boat\n\nThis section applies if a dive operator provides a recreational diving activity, recreational technical diving activity or recreational snorkelling activity using a boat to transport 1 or more persons to a dive site to participate in the activity.\nThe dive operator must ensure each nominated crew member aboard the boat—\nbefore the boat leaves for the dive site—counts, under section 15 , the persons aboard the boat; and\nif 1 or more additional persons permanently board the boat—counts, under section 15 , each additional person who permanently boards the boat, as the person boards the boat; and\nif 1 or more persons permanently leave the boat for alternative transport to shore or another vessel—counts, under section 15 , each person who permanently leaves the boat, as the person leaves the boat; and\nbefore the boat leaves the dive site—counts, under section 15 , the persons aboard the boat.\nMaximum penalty—12½ penalty units.\nIn this section—\ndive site , for a recreational water activity—\nmeans a place where persons may participate in the activity; and\nincludes the vicinity of the place mentioned in paragraph (a) .\n(sec.14-ssec.1) This section applies if a dive operator provides a recreational diving activity, recreational technical diving activity or recreational snorkelling activity using a boat to transport 1 or more persons to a dive site to participate in the activity.\n(sec.14-ssec.2) The dive operator must ensure each nominated crew member aboard the boat— before the boat leaves for the dive site—counts, under section 15 , the persons aboard the boat; and if 1 or more additional persons permanently board the boat—counts, under section 15 , each additional person who permanently boards the boat, as the person boards the boat; and if 1 or more persons permanently leave the boat for alternative transport to shore or another vessel—counts, under section 15 , each person who permanently leaves the boat, as the person leaves the boat; and before the boat leaves the dive site—counts, under section 15 , the persons aboard the boat. Maximum penalty—12½ penalty units.\n(sec.14-ssec.3) In this section— dive site , for a recreational water activity— means a place where persons may participate in the activity; and includes the vicinity of the place mentioned in paragraph (a) .\n- (a) before the boat leaves for the dive site—counts, under section 15 , the persons aboard the boat; and\n- (b) if 1 or more additional persons permanently board the boat—counts, under section 15 , each additional person who permanently boards the boat, as the person boards the boat; and\n- (c) if 1 or more persons permanently leave the boat for alternative transport to shore or another vessel—counts, under section 15 , each person who permanently leaves the boat, as the person leaves the boat; and\n- (d) before the boat leaves the dive site—counts, under section 15 , the persons aboard the boat.\n- (a) means a place where persons may participate in the activity; and\n- (b) includes the vicinity of the place mentioned in paragraph (a) .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Required way to count persons","content":"### sec.15 Required way to count persons\n\nThis section provides for the way each count of persons required under section 14 or 16 must be carried out.\nIf there are 2 or more nominated crew members aboard a boat, each crew member must—\ncarry out the count independently of each other nominated crew member; and\ncompare the crew member’s count with the count of each other nominated crew member to ensure the counts agree.\nIf there is 1 nominated crew member aboard a boat, the crew member must carry out the count twice by—\nusing 2 different ways that require the persons being counted to actively participate in the count; or\nusing a head count and 1 way that requires the persons being counted to actively participate in the count.\ncompletion of a sheet of diver’s signatures\na roll call\na tagging and signing system\nFor a count required under section 14 (2) (d) , a nominated crew member must also compare that count with the last count carried out under section 14 (2) (a) , (b) or (c) to ensure both counts agree.\n(sec.15-ssec.1) This section provides for the way each count of persons required under section 14 or 16 must be carried out.\n(sec.15-ssec.2) If there are 2 or more nominated crew members aboard a boat, each crew member must— carry out the count independently of each other nominated crew member; and compare the crew member’s count with the count of each other nominated crew member to ensure the counts agree.\n(sec.15-ssec.3) If there is 1 nominated crew member aboard a boat, the crew member must carry out the count twice by— using 2 different ways that require the persons being counted to actively participate in the count; or using a head count and 1 way that requires the persons being counted to actively participate in the count. completion of a sheet of diver’s signatures a roll call a tagging and signing system\n(sec.15-ssec.4) For a count required under section 14 (2) (d) , a nominated crew member must also compare that count with the last count carried out under section 14 (2) (a) , (b) or (c) to ensure both counts agree.\n- (a) carry out the count independently of each other nominated crew member; and\n- (b) compare the crew member’s count with the count of each other nominated crew member to ensure the counts agree.\n- (a) using 2 different ways that require the persons being counted to actively participate in the count; or\n- (b) using a head count and 1 way that requires the persons being counted to actively participate in the count. Examples of ways that require persons to actively participate in a count— 1 completion of a sheet of diver’s signatures 2 a roll call 3 a tagging and signing system\n- 1 completion of a sheet of diver’s signatures\n- 2 a roll call\n- 3 a tagging and signing system\n- 1 completion of a sheet of diver’s signatures\n- 2 a roll call\n- 3 a tagging and signing system","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requirements if counts do not agree","content":"### sec.16 Requirements if counts do not agree\n\nThis section applies if the counts of persons required to be compared under section 15 do not agree.\nThe dive operator must ensure each nominated crew member aboard the boat counts the persons aboard the boat again in the way required under section 15 .\nMaximum penalty—12½ penalty units.\nIf, after the recount of persons under subsection (2) , the counts required to be compared under section 15 still do not agree, the dive operator must ensure the relevant procedures in the dive operator’s emergency plan are implemented.\nMaximum penalty—60 penalty units.\nIn this section—\nemergency plan , for a dive operator, means an emergency plan prepared by the dive operator under the Work Health and Safety Regulation 2011 , section 43 .\n(sec.16-ssec.1) This section applies if the counts of persons required to be compared under section 15 do not agree.\n(sec.16-ssec.2) The dive operator must ensure each nominated crew member aboard the boat counts the persons aboard the boat again in the way required under section 15 . Maximum penalty—12½ penalty units.\n(sec.16-ssec.3) If, after the recount of persons under subsection (2) , the counts required to be compared under section 15 still do not agree, the dive operator must ensure the relevant procedures in the dive operator’s emergency plan are implemented. Maximum penalty—60 penalty units.\n(sec.16-ssec.4) In this section— emergency plan , for a dive operator, means an emergency plan prepared by the dive operator under the Work Health and Safety Regulation 2011 , section 43 .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Requirement to make, verify and keep record of count of persons","content":"### sec.17 Requirement to make, verify and keep record of count of persons\n\nA nominated crew member required to carry out a count of persons under section 14 or 16 must—\nmake a written record of the count; and\nverify the count—\nby signing the record; or\nif the record is made electronically—by entering the crew member’s name and unique identifier in the record.\nThe dive operator must keep each record made under this section for at least 1 year after the day the count is made.\nMaximum penalty—12½ penalty units.\n(sec.17-ssec.1) A nominated crew member required to carry out a count of persons under section 14 or 16 must— make a written record of the count; and verify the count— by signing the record; or if the record is made electronically—by entering the crew member’s name and unique identifier in the record.\n(sec.17-ssec.2) The dive operator must keep each record made under this section for at least 1 year after the day the count is made. Maximum penalty—12½ penalty units.\n- (a) make a written record of the count; and\n- (b) verify the count— (i) by signing the record; or (ii) if the record is made electronically—by entering the crew member’s name and unique identifier in the record.\n- (i) by signing the record; or\n- (ii) if the record is made electronically—by entering the crew member’s name and unique identifier in the record.\n- (i) by signing the record; or\n- (ii) if the record is made electronically—by entering the crew member’s name and unique identifier in the record.","sortOrder":21},{"sectionNumber":"pt.4","sectionType":"part","heading":"Lookouts and guides","content":"# Lookouts and guides","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Requirement for lookouts","content":"### sec.18 Requirement for lookouts\n\nThis section applies if a dive operator provides a recreational diving activity, recreational technical diving activity or recreational snorkelling activity for 1 or more persons.\nThe dive operator must ensure that, while the persons are diving or snorkelling during the activity, at least 1 person acts as lookout in the way required under section 20 .\nMaximum penalty—30 penalty units.\nFor subsection (2) , the dive operator may allow the activity to be provided with only 1 person acting as lookout only if the dive operator, or a worker on the dive operator’s behalf—\nhas conducted a proper assessment of the risks involved in having 1 person act as lookout during the activity; and\ndecides, having regard to the assessment, it is reasonable for 1 person to act as lookout.\n(sec.18-ssec.1) This section applies if a dive operator provides a recreational diving activity, recreational technical diving activity or recreational snorkelling activity for 1 or more persons.\n(sec.18-ssec.2) The dive operator must ensure that, while the persons are diving or snorkelling during the activity, at least 1 person acts as lookout in the way required under section 20 . Maximum penalty—30 penalty units.\n(sec.18-ssec.3) For subsection (2) , the dive operator may allow the activity to be provided with only 1 person acting as lookout only if the dive operator, or a worker on the dive operator’s behalf— has conducted a proper assessment of the risks involved in having 1 person act as lookout during the activity; and decides, having regard to the assessment, it is reasonable for 1 person to act as lookout.\n- (a) has conducted a proper assessment of the risks involved in having 1 person act as lookout during the activity; and\n- (b) decides, having regard to the assessment, it is reasonable for 1 person to act as lookout.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Guides for recreational snorkelling activities","content":"### sec.19 Guides for recreational snorkelling activities\n\nThis section applies if a dive operator provides a recreational snorkelling activity for 1 or more snorkellers.\nDespite section 18 , the dive operator may allow the activity to be provided without a person acting as lookout if—\nthe dive operator, or a worker on the dive operator’s behalf—\nconducts a proper assessment of the risks involved in not having a person act as lookout during the activity; and\ndecides, having regard to the risks, it is reasonable not to have a person act as lookout; and\nthe activity is supervised by a person who is a guide; and\nthe guide supervises no more than 10 snorkellers who participate in the activity; and\nwhile the snorkellers are snorkelling during the activity, the guide complies with the requirements stated in section 20 .\n(sec.19-ssec.1) This section applies if a dive operator provides a recreational snorkelling activity for 1 or more snorkellers.\n(sec.19-ssec.2) Despite section 18 , the dive operator may allow the activity to be provided without a person acting as lookout if— the dive operator, or a worker on the dive operator’s behalf— conducts a proper assessment of the risks involved in not having a person act as lookout during the activity; and decides, having regard to the risks, it is reasonable not to have a person act as lookout; and the activity is supervised by a person who is a guide; and the guide supervises no more than 10 snorkellers who participate in the activity; and while the snorkellers are snorkelling during the activity, the guide complies with the requirements stated in section 20 .\n- (a) the dive operator, or a worker on the dive operator’s behalf— (i) conducts a proper assessment of the risks involved in not having a person act as lookout during the activity; and (ii) decides, having regard to the risks, it is reasonable not to have a person act as lookout; and\n- (i) conducts a proper assessment of the risks involved in not having a person act as lookout during the activity; and\n- (ii) decides, having regard to the risks, it is reasonable not to have a person act as lookout; and\n- (b) the activity is supervised by a person who is a guide; and\n- (c) the guide supervises no more than 10 snorkellers who participate in the activity; and\n- (d) while the snorkellers are snorkelling during the activity, the guide complies with the requirements stated in section 20 .\n- (i) conducts a proper assessment of the risks involved in not having a person act as lookout during the activity; and\n- (ii) decides, having regard to the risks, it is reasonable not to have a person act as lookout; and","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Requirements for lookouts and guides—rescue and first aid","content":"### sec.20 Requirements for lookouts and guides—rescue and first aid\n\nThis section states the requirements that apply to a person who acts as lookout, or is a guide, for a recreational water activity mentioned in section 18 or 19 .\nThe person must—\nbe able to recognise relevant hazards; and\nbe able to recognise when a diver or snorkeller is in difficulty; and\nbe able to—\nrescue a diver or snorkeller in difficulty and provide first aid; or\ndirect a person who is immediately available and capable to rescue a diver or snorkeller in difficulty and provide first aid.\nAlso, if the person acts as lookout, the person must—\nbe positioned out of the water where the person can see the whole area where the participants in the activity are diving or snorkelling; and\nbe solely engaged in being the lookout during the activity.\nHowever, subsection (3) does not apply to a person while the person is rescuing or providing first aid to a diver or snorkeller in difficulty.\nIn this section—\nfirst aid includes cardiopulmonary resuscitation, oxygen therapy and oxygen resuscitation.\n(sec.20-ssec.1) This section states the requirements that apply to a person who acts as lookout, or is a guide, for a recreational water activity mentioned in section 18 or 19 .\n(sec.20-ssec.2) The person must— be able to recognise relevant hazards; and be able to recognise when a diver or snorkeller is in difficulty; and be able to— rescue a diver or snorkeller in difficulty and provide first aid; or direct a person who is immediately available and capable to rescue a diver or snorkeller in difficulty and provide first aid.\n(sec.20-ssec.3) Also, if the person acts as lookout, the person must— be positioned out of the water where the person can see the whole area where the participants in the activity are diving or snorkelling; and be solely engaged in being the lookout during the activity.\n(sec.20-ssec.4) However, subsection (3) does not apply to a person while the person is rescuing or providing first aid to a diver or snorkeller in difficulty.\n(sec.20-ssec.5) In this section— first aid includes cardiopulmonary resuscitation, oxygen therapy and oxygen resuscitation.\n- (a) be able to recognise relevant hazards; and\n- (b) be able to recognise when a diver or snorkeller is in difficulty; and\n- (c) be able to— (i) rescue a diver or snorkeller in difficulty and provide first aid; or (ii) direct a person who is immediately available and capable to rescue a diver or snorkeller in difficulty and provide first aid.\n- (i) rescue a diver or snorkeller in difficulty and provide first aid; or\n- (ii) direct a person who is immediately available and capable to rescue a diver or snorkeller in difficulty and provide first aid.\n- (i) rescue a diver or snorkeller in difficulty and provide first aid; or\n- (ii) direct a person who is immediately available and capable to rescue a diver or snorkeller in difficulty and provide first aid.\n- (a) be positioned out of the water where the person can see the whole area where the participants in the activity are diving or snorkelling; and\n- (b) be solely engaged in being the lookout during the activity.","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Supervision of non-certified dives","content":"# Supervision of non-certified dives","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Requirement for non-certified dive to be supervised by dive instructor","content":"### sec.21 Requirement for non-certified dive to be supervised by dive instructor\n\nA dive operator who provides a non-certified dive as a recreational dive activity for 1 or more divers must ensure—\neach diver, while in the water during the activity, is supervised by—\na dive instructor; or\na dive instructor assisted by a certified assistant; and\nthe dive instructor supervises—\nno more than 4 divers at any time; or\nif the dive instructor is assisted by a certified assistant—no more than 6 divers at any time.\nMaximum penalty—30 penalty units.\nIn this section—\ncertified assistant means a person who holds a current qualification from a recreational dive training organisation that qualifies the person to assist a dive instructor.\ndive instructor means a person who holds a current qualification from a recreational dive training organisation that qualifies the person as a scuba instructor.\n(sec.21-ssec.1) A dive operator who provides a non-certified dive as a recreational dive activity for 1 or more divers must ensure— each diver, while in the water during the activity, is supervised by— a dive instructor; or a dive instructor assisted by a certified assistant; and the dive instructor supervises— no more than 4 divers at any time; or if the dive instructor is assisted by a certified assistant—no more than 6 divers at any time. Maximum penalty—30 penalty units.\n(sec.21-ssec.2) In this section— certified assistant means a person who holds a current qualification from a recreational dive training organisation that qualifies the person to assist a dive instructor. dive instructor means a person who holds a current qualification from a recreational dive training organisation that qualifies the person as a scuba instructor.\n- (a) each diver, while in the water during the activity, is supervised by— (i) a dive instructor; or (ii) a dive instructor assisted by a certified assistant; and\n- (i) a dive instructor; or\n- (ii) a dive instructor assisted by a certified assistant; and\n- (b) the dive instructor supervises— (i) no more than 4 divers at any time; or (ii) if the dive instructor is assisted by a certified assistant—no more than 6 divers at any time.\n- (i) no more than 4 divers at any time; or\n- (ii) if the dive instructor is assisted by a certified assistant—no more than 6 divers at any time.\n- (i) a dive instructor; or\n- (ii) a dive instructor assisted by a certified assistant; and\n- (i) no more than 4 divers at any time; or\n- (ii) if the dive instructor is assisted by a certified assistant—no more than 6 divers at any time.","sortOrder":27},{"sectionNumber":"pt.6","sectionType":"part","heading":"Dive safety logs","content":"# Dive safety logs","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Requirement to keep dive safety log","content":"### sec.22 Requirement to keep dive safety log\n\nThis section applies for each recreational diving activity or recreational technical diving activity (each a diving activity ) provided by a dive operator.\nThe dive operator must ensure a written log (a dive safety log ) that complies with sections 23 to 26 is kept for the diving activity.\nMaximum penalty—12½ penalty units.\nThe dive operator must authorise a person, other than a diver participating in the activity, to verify the dive safety log for the diving activity.\nMaximum penalty—12½ penalty units.\nThe dive operator must keep the dive safety log for the diving activity for at least 1 year after the day the activity is provided.\nMaximum penalty—12½ penalty units.\nTo comply with a requirement to make or sign an entry in a dive safety log under this part, the entry and signature must be made as soon as possible.\nAfter a diver has returned to the boat, the diver signs the dive safety log as soon as the diver has removed any necessary diving gear and dried the diver’s hands.\n(sec.22-ssec.1) This section applies for each recreational diving activity or recreational technical diving activity (each a diving activity ) provided by a dive operator.\n(sec.22-ssec.2) The dive operator must ensure a written log (a dive safety log ) that complies with sections 23 to 26 is kept for the diving activity. Maximum penalty—12½ penalty units.\n(sec.22-ssec.3) The dive operator must authorise a person, other than a diver participating in the activity, to verify the dive safety log for the diving activity. Maximum penalty—12½ penalty units.\n(sec.22-ssec.4) The dive operator must keep the dive safety log for the diving activity for at least 1 year after the day the activity is provided. Maximum penalty—12½ penalty units.\n(sec.22-ssec.5) To comply with a requirement to make or sign an entry in a dive safety log under this part, the entry and signature must be made as soon as possible. After a diver has returned to the boat, the diver signs the dive safety log as soon as the diver has removed any necessary diving gear and dried the diver’s hands.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Required information for dive safety log","content":"### sec.23 Required information for dive safety log\n\nA dive safety log for a diving activity must state the following information for each dive carried out during the activity—\nthe name of each diver who participated in the dive;\nif the dive is conducted using a system that involves a pair or group of divers to ensure the mutual safety of the pair or group—the unique identifier used to identify the divers in the pair or group;\nwhether the dive is conducted using a dive computer;\nthe name of the person authorised by the dive operator to verify the dive safety log for the diving activity;\nthe date and location of the dive;\nfor each dive carried out by a diver who participated in the dive—\nthe time the diver left the surface at the start of the dive; and\nthe time the diver surfaced at the end of the dive; and\nthe period between the start and end of the dive mentioned in subparagraphs (i) and (ii) ; and\nthe maximum depth reached by the diver during the dive;\nany incident, problem, discomfort or injury experienced or suffered by a diver who participated in the dive.\n- (a) the name of each diver who participated in the dive;\n- (b) if the dive is conducted using a system that involves a pair or group of divers to ensure the mutual safety of the pair or group—the unique identifier used to identify the divers in the pair or group;\n- (c) whether the dive is conducted using a dive computer;\n- (d) the name of the person authorised by the dive operator to verify the dive safety log for the diving activity;\n- (e) the date and location of the dive;\n- (f) for each dive carried out by a diver who participated in the dive— (i) the time the diver left the surface at the start of the dive; and (ii) the time the diver surfaced at the end of the dive; and (iii) the period between the start and end of the dive mentioned in subparagraphs (i) and (ii) ; and (iv) the maximum depth reached by the diver during the dive;\n- (i) the time the diver left the surface at the start of the dive; and\n- (ii) the time the diver surfaced at the end of the dive; and\n- (iii) the period between the start and end of the dive mentioned in subparagraphs (i) and (ii) ; and\n- (iv) the maximum depth reached by the diver during the dive;\n- (g) any incident, problem, discomfort or injury experienced or suffered by a diver who participated in the dive.\n- (i) the time the diver left the surface at the start of the dive; and\n- (ii) the time the diver surfaced at the end of the dive; and\n- (iii) the period between the start and end of the dive mentioned in subparagraphs (i) and (ii) ; and\n- (iv) the maximum depth reached by the diver during the dive;","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Additional information required for dive safety log—dive tables","content":"### sec.24 Additional information required for dive safety log—dive tables\n\nThis section applies if the diving activity includes a dive carried out using dive tables.\nThe dive safety log for the diving activity must also state, for each diver who participates in the dive—\nthe repetitive dive group for the diver; and\nif the repetitive dive group and surface interval result in a repetitive factor for the diver—the surface interval and repetitive factor for the diver.\nIn this section—\nrepetitive dive group means a letter of the alphabet or number, given by dive tables, that represents an estimate of the amount of residual nitrogen in a diver’s tissues immediately on surfacing at the end of a dive.\nSome dive tables refer to ‘pressure group’ instead of repetitive dive group.\nrepetitive factor means a letter of the alphabet or number, given by dive tables, that represents an estimate of the amount of residual nitrogen in a diver’s tissues as decided by the repetitive dive group and the surface interval.\nresidual nitrogen means nitrogen, in excess of the amount normally present in a diver’s tissues, that is dissolved in the diver’s tissues.\nsurface interval means the time a diver spends on the surface between 2 successive dives.\n(sec.24-ssec.1) This section applies if the diving activity includes a dive carried out using dive tables.\n(sec.24-ssec.2) The dive safety log for the diving activity must also state, for each diver who participates in the dive— the repetitive dive group for the diver; and if the repetitive dive group and surface interval result in a repetitive factor for the diver—the surface interval and repetitive factor for the diver.\n(sec.24-ssec.3) In this section— repetitive dive group means a letter of the alphabet or number, given by dive tables, that represents an estimate of the amount of residual nitrogen in a diver’s tissues immediately on surfacing at the end of a dive. Some dive tables refer to ‘pressure group’ instead of repetitive dive group. repetitive factor means a letter of the alphabet or number, given by dive tables, that represents an estimate of the amount of residual nitrogen in a diver’s tissues as decided by the repetitive dive group and the surface interval. residual nitrogen means nitrogen, in excess of the amount normally present in a diver’s tissues, that is dissolved in the diver’s tissues. surface interval means the time a diver spends on the surface between 2 successive dives.\n- (a) the repetitive dive group for the diver; and\n- (b) if the repetitive dive group and surface interval result in a repetitive factor for the diver—the surface interval and repetitive factor for the diver.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Additional information required for dive safety log—recreational technical diving activity","content":"### sec.25 Additional information required for dive safety log—recreational technical diving activity\n\nThis section applies if the diving activity is a recreational technical diving activity.\nIf, during the diving activity, a dive is carried out using EANx with scuba, or a rebreather, the dive safety log for the diving activity must also state—\nthe oxygen content of the EANx; and\nthe maximum operating depth at which EANx can be used.\nIf, during the diving activity, a dive is carried out using mixed gas with scuba equipment, or a rebreather, the dive safety log for the diving activity must also state—\nif the mixed gas partly consists of nitrogen—the oxygen content and nitrogen content of the mixed gas; and\nthe maximum operating depth at which the mixed gas can be used; and\nthe minimum operating depth at which the bottom mix can be used.\nIn this section—\nbottom mix means a gas mix that can be breathed at the deepest point of a dive.\nrebreather means a semi-closed or closed circuit self-contained underwater breathing apparatus.\n(sec.25-ssec.1) This section applies if the diving activity is a recreational technical diving activity.\n(sec.25-ssec.2) If, during the diving activity, a dive is carried out using EANx with scuba, or a rebreather, the dive safety log for the diving activity must also state— the oxygen content of the EANx; and the maximum operating depth at which EANx can be used.\n(sec.25-ssec.3) If, during the diving activity, a dive is carried out using mixed gas with scuba equipment, or a rebreather, the dive safety log for the diving activity must also state— if the mixed gas partly consists of nitrogen—the oxygen content and nitrogen content of the mixed gas; and the maximum operating depth at which the mixed gas can be used; and the minimum operating depth at which the bottom mix can be used.\n(sec.25-ssec.4) In this section— bottom mix means a gas mix that can be breathed at the deepest point of a dive. rebreather means a semi-closed or closed circuit self-contained underwater breathing apparatus.\n- (a) the oxygen content of the EANx; and\n- (b) the maximum operating depth at which EANx can be used.\n- (a) if the mixed gas partly consists of nitrogen—the oxygen content and nitrogen content of the mixed gas; and\n- (b) the maximum operating depth at which the mixed gas can be used; and\n- (c) the minimum operating depth at which the bottom mix can be used.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Verification of entries in dive safety log","content":"### sec.26 Verification of entries in dive safety log\n\nThis section applies, and must be complied with as soon as possible, after a diver returns from a dive carried out during the diving activity.\nThe diver must verify the diver’s return from the dive in the required way.\nAn authorised person, and if a boat is used in connection with the dive, the master of the boat or another authorised person, must verify, in the required way, that—\nthe dive safety log entry for the diver contains the information required under sections 23 , 24 and 25 ; and\nthe diver has verified the diver’s return from a dive under subsection (2) .\nThe required way for a person to verify an entry in a dive safety log is—\nby signing the log entry; or\nif the log is kept electronically—by entering the person’s name and unique identifier in the log entry.\nIn this section—\nauthorised person , for a dive safety log for a diving activity, means a person authorised by the dive operator under section 22 (3) to verify the dive safety log for the activity.\n(sec.26-ssec.1) This section applies, and must be complied with as soon as possible, after a diver returns from a dive carried out during the diving activity.\n(sec.26-ssec.2) The diver must verify the diver’s return from the dive in the required way.\n(sec.26-ssec.3) An authorised person, and if a boat is used in connection with the dive, the master of the boat or another authorised person, must verify, in the required way, that— the dive safety log entry for the diver contains the information required under sections 23 , 24 and 25 ; and the diver has verified the diver’s return from a dive under subsection (2) .\n(sec.26-ssec.4) The required way for a person to verify an entry in a dive safety log is— by signing the log entry; or if the log is kept electronically—by entering the person’s name and unique identifier in the log entry.\n(sec.26-ssec.5) In this section— authorised person , for a dive safety log for a diving activity, means a person authorised by the dive operator under section 22 (3) to verify the dive safety log for the activity.\n- (a) the dive safety log entry for the diver contains the information required under sections 23 , 24 and 25 ; and\n- (b) the diver has verified the diver’s return from a dive under subsection (2) .\n- (a) by signing the log entry; or\n- (b) if the log is kept electronically—by entering the person’s name and unique identifier in the log entry.","sortOrder":33},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Prescribed Acts— Act , s 41","content":"### sec.27 Prescribed Acts— Act , s 41\n\nFor section 41 (3) (c) (ii) of the Act , the following Acts are prescribed—\nthe Coroners Act 2003 ;\nthe Electrical Safety Act 2002 ;\nthe Police Powers and Responsibilities Act 2000 ;\nthe Queensland Civil and Administrative Tribunal Act 2009 ;\nthe Transport Operations (Marine Safety) Act 1994 ;\nthe Work Health and Safety Act 2011 .\ns 27 amd 2024 SL No. 241 s 47\n- (a) the Coroners Act 2003 ;\n- (b) the Electrical Safety Act 2002 ;\n- (c) the Police Powers and Responsibilities Act 2000 ;\n- (d) the Queensland Civil and Administrative Tribunal Act 2009 ;\n- (e) the Transport Operations (Marine Safety) Act 1994 ;\n- (f) the Work Health and Safety Act 2011 .","sortOrder":35},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":36},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Repeal provision","content":"## Repeal provision","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Repeal","content":"### sec.28 Repeal\n\nThe Safety in Recreational Water Activities Regulation 2011 , SL No. 241 is repealed.","sortOrder":38},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Definitions for division","content":"### sec.29 Definitions for division\n\nIn this division—\nnew , for a provision of this regulation, means the provision as in force from the commencement.\nrepealed regulation means the repealed Safety in Recreational Water Activities Regulation 2011 .","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Existing dive safety logs","content":"### sec.30 Existing dive safety logs\n\nThis section applies in relation to a dive safety log kept under the repealed regulation, section 10 if, immediately before the commencement, the log had been kept by the duty holder for less than a year.\nOn the commencement, the dive safety log continues as a dive safety log under new section 22.\n(sec.30-ssec.1) This section applies in relation to a dive safety log kept under the repealed regulation, section 10 if, immediately before the commencement, the log had been kept by the duty holder for less than a year.\n(sec.30-ssec.2) On the commencement, the dive safety log continues as a dive safety log under new section 22.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Existing medical declarations","content":"### sec.31 Existing medical declarations\n\nThis section applies in relation to a medical declaration given to a duty holder under the repealed regulation, section 10C if, immediately before the commencement, the declaration had been kept by the duty holder for less than a year.\nOn the commencement, the medical declaration continues as a medical declaration under new section 10.\n(sec.31-ssec.1) This section applies in relation to a medical declaration given to a duty holder under the repealed regulation, section 10C if, immediately before the commencement, the declaration had been kept by the duty holder for less than a year.\n(sec.31-ssec.2) On the commencement, the medical declaration continues as a medical declaration under new section 10.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"References to repealed regulation","content":"### sec.32 References to repealed regulation\n\nIn a document, a reference to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.\nSubsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.\n(sec.32-ssec.1) In a document, a reference to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.\n(sec.32-ssec.2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.","sortOrder":43}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.10(1)(c)","severity":"medium","reasoning":"Persons requiring medical evaluation satisfy sec.11 but it is unclear whether the remaining conditions of sec.10(1)(a), (b) and (d) still apply to them. Sec.11 only requires a medical certificate — it does not incorporate sec.10(1)(d)'s requirement that the dive operator assess fitness and decide it is reasonable to allow the person to dive. This creates an unequal and potentially less rigorous compliance pathway for higher-risk participants.","confidence":0.72,"description":"The medical declaration requirement for entry-level certificate dives requires the declaration to indicate the person does NOT require medical evaluation before diving. But sec.11 then contemplates a scenario where the declaration DOES indicate medical evaluation is required. The two sections together cover both scenarios, but sec.10(1)(c) effectively bars persons who declare they need a medical evaluation from satisfying sec.10 at all — they must instead satisfy sec.11. The logical structure creates a situation where sec.10 applies only to persons who self-certify they don't need a doctor, while sec.11 covers those who do — meaning the safer (medically evaluated) group is governed by a different section with no cross-reference back into sec.10's other requirements (e.g., the dive operator's assessment obligation under sec.10(1)(d))."},{"type":"impossible_compliance","section":"sec.12(b)","severity":"medium","reasoning":"If there is no boat, there is no 'worker aboard the boat' to be told of medical conditions. A dive operator conducting shore-based snorkelling tours technically cannot satisfy sec.12(b) as literally drafted.","confidence":0.85,"description":"The duty to advise snorkellers to tell 'a worker aboard the boat' of medical conditions assumes all recreational snorkelling activities involve a boat. Recreational snorkelling is defined in sec.6 to include free diving and snorkelling with a mask/snorkel, and sec.6(4) only excludes swimming pools. Snorkelling can be conducted from a beach or shore without any boat, making the boat-specific advisory requirement impossible to comply with in shore-based activities."},{"type":"other","section":"sec.15(3)","severity":"low","reasoning":"The regulation elsewhere requires risk assessments before permitting lower safety measures (e.g., sec.18(3), sec.19(2)(a)). Allowing a passive head count as a freely chosen alternative to two active-participation counts is internally inconsistent with the risk-based philosophy of the instrument.","confidence":0.65,"description":"Where there is only 1 nominated crew member, the crew member must count persons twice using either (a) 2 different active-participation methods, or (b) a head count plus 1 active-participation method. Option (b) is less rigorous than option (a) because a head count is passive. Yet the regulation treats both options as equivalent compliance pathways. This creates a lower safety standard available as an alternative without any risk-assessment gateway, contradicting the regulation's general risk-based approach."},{"type":"other","section":"sec.20(3) and sec.20(4)","severity":"high","reasoning":"This is a structural safety gap: the very moment a rescue is needed (highest risk period) is when the regulation expressly permits the lookout to abandon their post with no replacement obligation. This defeats the primary purpose of the lookout requirement.","confidence":0.88,"description":"Section 20(3) requires a lookout to be 'solely engaged in being the lookout' and positioned out of the water. Section 20(4) suspends this requirement while the lookout is rescuing or providing first aid. However, if the sole lookout enters the water to rescue a distressed diver, there is no longer any lookout covering the remaining participants. The regulation provides no requirement to replace the lookout or cease the activity in this scenario, creating a gap where all remaining divers/snorkellers are unsupervised."},{"type":"impossible_compliance","section":"sec.22(3)","severity":"medium","reasoning":"While unusual, the regulation does not define 'worker' to exclude divers, and a dive instructor who enters the water is both a worker and a diver. Small operators could face compliance impossibility.","confidence":0.6,"description":"The dive operator must authorise 'a person, other than a diver participating in the activity' to verify the dive safety log. Under sec.26(3), the authorised person must verify the log after each diver returns. On a small operation with minimal staff, if all available workers are themselves diving (e.g., a dive instructor who is also a diver), it may be structurally impossible to find a non-diver to authorise. The regulation does not address this scenario or provide an alternative."},{"type":"circular_definition","section":"sec.23(f)","severity":"low","reasoning":"The subsection heading refers to 'each dive carried out during the activity' but sec.23(f) then refers to 'each dive carried out by a diver who participated in the dive', conflating the activity-level dive with the individual diver's dive in a confusing circularity.","confidence":0.7,"description":"Section 23(f) requires the dive safety log to record, 'for each dive carried out by a diver who participated in the dive', information including time of descent and ascent. The phrase 'for each dive carried out by a diver who participated in the dive' is circular and tautological — a diver who 'participated in the dive' necessarily 'carried out' a dive. The provision appears to intend recording per-diver data for each dive, but the drafting is redundant and unclear."},{"type":"other","section":"sec.19(2)(d)","severity":"low","reasoning":"The regulatory design arguably rewards less safe oversight arrangements (distant lookout, unlimited participants) over more engaged supervision (guide, capped at 10), which is internally inconsistent.","confidence":0.68,"description":"Section 19 allows a guide to replace a lookout for snorkelling activities, with the guide limited to supervising no more than 10 snorkellers. However, sec.18(3) permits a single lookout (after risk assessment) for any number of participants. This means a guide substitution arrangement triggers a participant cap that does not apply to the lookout arrangement it replaces, creating a perverse incentive: operators with more than 10 snorkellers are better off using a lookout (with risk assessment) than a guide, even though a guide is closer to participants."}],"contradictions":[{"severity":"medium","section_a":"sec.10(1)(c)","section_b":"sec.11(1)(b)","confidence":0.75,"description":"Section 10(1)(c) requires, as a condition for participating in an entry-level certificate dive, that the medical declaration indicates the person does NOT require a medical evaluation. Section 11(1)(b) applies specifically when the medical declaration indicates the person DOES require a medical evaluation. Together, these sections suggest a person whose declaration indicates they need a medical evaluation cannot satisfy sec.10 at all, yet sec.10 is described in sec.11(1)(a) as the provision under which the declaration is given. The precondition in sec.10(1)(c) and the trigger in sec.11 are mutually exclusive on the same document, creating a structural contradiction in how both sections apply to the same person."},{"severity":"high","section_a":"sec.18(2)","section_b":"sec.19(2)","confidence":0.82,"description":"Section 18(2) imposes a mandatory requirement to have at least 1 lookout while persons are diving or snorkelling. Section 19(2) expressly states that 'despite section 18', a dive operator may provide a snorkelling activity without any lookout if a guide is used instead. However, sec.19(2)(d) then requires the guide to comply with sec.20 requirements — including sec.20(3) which requires a lookout to be 'solely engaged in being the lookout' and out of the water. If the guide must comply with sec.20(3), the guide effectively becomes a lookout, contradicting the stated purpose of sec.19 which is to allow the activity to proceed without a lookout."},{"severity":"medium","section_a":"sec.15(2)","section_b":"sec.13 (definition of nominated crew member, para (b))","confidence":0.7,"description":"Section 13 defines 'nominated crew member' as 'at least 2 workers' when more than 1 worker is aboard. Section 15(2) applies when 'there are 2 or more nominated crew members aboard a boat'. However, since a 'nominated crew member' under sec.13(b) is itself defined as comprising at least 2 workers (plural), the reference to '2 or more nominated crew members' in sec.15(2) creates ambiguity: does it mean 2 or more individual workers serving in the role, or 2 or more separate nomination groups? The definition conflates the role with the group of people filling it."},{"severity":"medium","section_a":"sec.6(1)","section_b":"sec.6(2)(b)","confidence":0.72,"description":"Section 6(1) defines recreational diving as diving 'using compressed air other than decompression diving'. Section 6(2)(b) defines recreational technical diving to include 'decompression diving using compressed air or other gas'. This means decompression diving with compressed air is recreational technical diving, not recreational diving — which is consistent on its face. However, the definitions create a gap: non-decompression diving using EANx could fall into sec.6(2)(a) (recreational technical diving) because EANx is used, but it could also be argued to be ordinary recreational diving if the diver is not using it as a 'technical' activity. The boundary between sec.6(1) and sec.6(2)(a) is unclear for non-decompression EANx dives."},{"severity":"low","section_a":"sec.22(5)","section_b":"sec.26(1)","confidence":0.6,"description":"Section 22(5) requires entries in the dive safety log to be made 'as soon as possible', with the example noting a diver signs after removing gear and drying hands. Section 26(1) requires compliance 'as soon as possible after a diver returns from a dive'. These are consistent, but sec.26(2) requires the diver to verify their return — implying the diver must sign before leaving the boat area — while sec.26(3) requires the authorised person to then also verify. If the authorised person is busy (e.g., managing other returning divers), sec.26(3) creates a queue of verifications all due 'as soon as possible' simultaneously, making the 'as soon as possible' standard for the authorised person's obligation internally impossible when multiple divers surface at once."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to be a modernised restatement of the repealed 2011 regulation covering substantially the same subject matter — safety obligations for recreational dive operators regarding medical fitness, passenger counting, lookouts, supervision of uncertified divers, and dive safety logs. The transitional provisions explicitly carry over existing records, confirming continuity of purpose. No material expansion or contraction of scope is evident from the text."},"complexity_factors":["Multiple interlocking definitions (e.g., recreational diving vs. technical diving vs. snorkelling, certified vs. non-certified dives) that determine which obligations apply","Layered conditional obligations — different rules apply depending on crew numbers, diver certification status, gas type used, and equipment deployed","Technical diving concepts requiring specialist knowledge (decompression diving, EANx, mixed gas, repetitive dive groups, residual nitrogen)","Cross-references to multiple external instruments including the parent Act, Work Health and Safety Regulation 2011, and six other prescribed Acts","Detailed procedural requirements for counting persons, with specific sub-rules for one versus multiple crew members","Distinction between lookout and guide roles with separate but overlapping obligations","Graduated penalty structure across different sections requiring careful reading to identify applicable penalty level","Transitional provisions requiring comparison with the repealed 2011 regulation for existing records"],"plain_english_summary":"## What This Law Does\n\nThis regulation sets out the **safety rules for businesses that run recreational diving and snorkelling activities** in Queensland. It came into force on 1 August 2024 and replaces an older 2011 version of the same rules.\n\n**Who does it affect?**\n- **Dive operators** — businesses that offer recreational scuba diving, technical diving (using specialised gas mixes or requiring planned decompression stops), or snorkelling trips\n- **Participants** — people who go on these activities (divers and snorkellers)\n- **Workers** — crew members and dive instructors employed by dive operators\n\n**What are the key rules?**\n\n### 1. Medical Checks Before Diving\n- If you're **not yet certified** (haven't completed a dive course) and want to do a beginner dive or a learn-to-dive course, you must fill out a **medical declaration** — a form saying whether you have any health conditions that might affect your safety underwater.\n- If that form flags a concern, you may need a **doctor's certificate** before you can dive.\n- For **snorkelling**, the operator must at minimum warn you that it can be physically demanding and you should tell the crew if you have any medical conditions.\n- Operators must keep these medical records for at least **1 year**.\n\n### 2. Counting People on Boats\n- When a boat takes people to a dive site, crew must **count everyone** before leaving, when extra people board, when people leave, and again before departing the dive site.\n- If two or more crew members are doing counts, they must do so **independently** and then compare results.\n- If the numbers don't match, they must recount — and if they still don't match, the operator must activate their **emergency plan**.\n- All counts must be **written down and signed**.\n\n### 3. Lookouts Must Be on Duty\n- While people are diving or snorkelling, at least **one person must act as a dedicated lookout** — positioned out of the water with a full view of everyone, doing nothing else but watching.\n- For snorkelling, a **guide** in the water can substitute for a lookout, but can supervise no more than **10 snorkellers** at a time.\n- Lookouts and guides must be capable of recognising hazards, spotting someone in trouble, and performing or directing a rescue, including **CPR and oxygen therapy**.\n\n### 4. Supervision for Beginner Divers\n- If you're **not yet certified** doing a 'try dive' or intro experience, you must be supervised by a qualified **dive instructor**.\n- One instructor can supervise up to **4 beginners** — or up to **6** if a certified assistant is also helping.\n\n### 5. Dive Safety Logs\n- For every scuba or technical dive, the operator must keep a **written log** recording each diver's name, dive times, depth, any problems or injuries, and additional technical data for advanced dives.\n- Divers must **sign the log** when they return. An authorised person must also verify the entries.\n- Logs must be kept for at least **1 year**.\n\n### Penalties\nBreaking these rules can result in fines ranging from **12.5 to 60 penalty units** (a penalty unit in Queensland is currently $143.75, so up to roughly $8,600 for the most serious breach — failing to implement an emergency plan when head counts don't reconcile).\n\n**Why does this matter?**\nThis regulation exists because diving and snorkelling carry real risks — people can drown, suffer decompression illness (a condition caused by ascending too quickly from depth), or be left behind at sea. These rules create a safety framework to prevent those outcomes."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original intent to regulate safety in recreational water activities. It updates and replaces the 2011 regulation with similar scope—covering dive operators, medical fitness, boat transport safety, supervision, and record-keeping—without significant expansion into unrelated areas."},"complexity_factors":["Moderate length (32 sections) with clear part divisions but detailed procedural requirements","Multiple defined terms (dive operator, certified diver, entry-level certificate dive, non-certified dive, nominated crew member, etc.) requiring cross-referencing","Nested conditional logic in counting procedures (sec.14-16): different rules for 1 vs 2+ crew members, recount triggers, and emergency escalation","Layered exceptions: snorkelling can bypass lookout requirements if specific guide conditions are met (sec.19); single lookout allowed only after risk assessment (sec.18)","Extensive record-keeping obligations with varying retention periods (1 year for most, but triggered by different events)","Technical diving terminology requiring specialised knowledge (EANx, mixed gas, rebreather, decompression diving, repetitive dive groups)","Cross-references to external standards (AS ISO 24801) and other legislation (Work Health and Safety Regulation 2011, parent Act)","Transitional provisions preserving old records under new regime"],"plain_english_summary":"This regulation sets safety rules for businesses that run recreational diving, technical diving, and snorkelling activities in Queensland. It applies to 'dive operators'—anyone running a business offering these activities—and also imposes duties on their workers and customers.\n\n**Key requirements include:**\n\n**Medical fitness checks**\n- Before letting beginners dive (entry-level certificate dives or non-certified dives), operators must collect a medical declaration using an approved form. If the declaration flags health concerns, the diver needs a doctor's certificate clearing them to dive.\n- For snorkelling, operators must warn participants about health risks like heart conditions, asthma, or epilepsy, and tell them to inform crew of any medical issues.\n\n**Boat passenger counting**\n- When using boats to reach dive sites, operators must ensure crew count passengers at key points: before leaving, when people board or leave mid-trip, and before returning. If two crew are present, they count independently and compare results; if only one crew member, they must count twice using different methods (like a roll call plus a sign-in sheet). If counts don't match, they must recount; if they still don't match, emergency procedures must kick in. Records must be kept for a year.\n\n**Lookouts and guides**\n- Someone must act as a lookout during all diving and snorkelling activities—watching from outside the water, fully focused on safety, and able to rescue or direct rescues. For snorkelling only, a 'guide' can replace a lookout if they supervise no more than 10 snorkellers and meet specific competency requirements.\n\n**Supervision of beginner divers**\n- Non-certified dives (introductory experiences) must be supervised by a qualified dive instructor, with strict limits: max 4 divers per instructor, or 6 if an assistant is present.\n\n**Dive safety logs**\n- Operators must maintain detailed logs for each dive, recording who dived, when, where, depth, duration, equipment used, and any incidents. Divers and authorised crew must verify entries. Logs must be kept for at least a year.\n\n**Why it matters:**\nThis regulation aims to prevent deaths and injuries in recreational water activities—particularly drowning, decompression sickness, and medical emergencies—by mandating clear safety protocols, proper supervision, and accurate record-keeping. It replaces the 2011 version with updated requirements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/safety-in-recreational-water-activities-regulation-2024","history":"/api/acts/safety-in-recreational-water-activities-regulation-2024/history","analysis":"/api/acts/safety-in-recreational-water-activities-regulation-2024/analysis","conflicts":"/api/acts/safety-in-recreational-water-activities-regulation-2024/conflicts","importantCases":"/api/acts/safety-in-recreational-water-activities-regulation-2024/important-cases","documents":"/api/acts/safety-in-recreational-water-activities-regulation-2024/documents"}}