{"id":"nsw:sl-2018-0503","name":"Swimming Pools Regulation 2018","slug":"swimming-pools-regulation-2018","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"503 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176651,"registerId":"nsw-nsw:sl-2018-0503-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Swimming Pools Regulation 2018](/view/html/inforce/current/sl-2018-0503).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Swimming Pools Regulation 2008](/view/html/repealed/current/sl-2008-0399), which is repealed on 1 September 2018 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > AS 1926.1—2007 means the provisions of AS 1926.1—2007, Swimming pool safety, Part 1: Safety barriers for swimming pools as published by Standards Australia on 12 July 2007, other than clause 2.10.\n> > \n> > Building Code of Australia means the document published by or on behalf of the Australian Building Codes Board under the title Building Code of Australia, as in force from time to time.\n> > \n> > testing apparatus means a cylindrical test object having a diameter of 105 millimetres, plus or minus 1 millimetre, and having at least one solid flat-faced end.\n> > \n> > the Act means the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049).\n> > \n> > the Cardiopulmonary Resuscitation Guideline means the document entitled ANZCOR Guideline 8: Cardiopulmonary Resuscitation published in January 2016 by the Australian Resuscitation Council.\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"References to compliance with AS 1926.1—2007 or Building Code of Australia","content":"#### 4 References to compliance with AS 1926.1—2007 or Building Code of Australia\n\n4 References to compliance with AS 1926.1—2007 or Building Code of Australia\n\n> For the purposes of this Regulation, a child-resistant barrier, window or doorway is taken to comply with AS 1926.1—2007 or the Building Code of Australia where applicable so long as it complies with the minimum requirements of the standard or the code.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Restriction of access to swimming pools","content":"# Part 2 Restriction of access to swimming pools\n\nPart 2 Restriction of access to swimming pools\n\nNote.\n\nClause 31 deals with swimming pools completed before 1 September 2008.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Outdoor swimming pools","content":"## Division 1 Outdoor swimming pools\n\nDivision 1 Outdoor swimming pools","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"General requirements for outdoor swimming pools","content":"#### 5 General requirements for outdoor swimming pools\n\n5 General requirements for outdoor swimming pools\n\n> > (1) For the purposes of sections 7 (1) (b) and 12 (d) of the Act, the prescribed standards in accordance with which a child-resistant barrier surrounding a swimming pool is to be designed, constructed, installed and maintained are the requirements set out in the Building Code of Australia.\n> > \n> > Note.\n> > \n> > The Act and this Regulation prevail to the extent of any inconsistency with the Building Code of Australia.\n> \n> > (2) This clause is subject to clause 22.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Standards required for certain swimming pools to be exempt from requirement to separate swimming pool from residential building","content":"#### 6 Standards required for certain swimming pools to be exempt from requirement to separate swimming pool from residential building\n\n6 Standards required for certain swimming pools to be exempt from requirement to separate swimming pool from residential building\n\n> > (1) For the purposes of section 8 (2) of the Act, the prescribed standards in accordance with which the means of access to a swimming pool from a residential building are to be restricted are that—\n> > \n> > > (a) each doorway, and each opening portion of a window, that gives access to the swimming pool is to be designed, constructed, installed and maintained in accordance with the standards set out in AS 1926.1—2007, and\n> > \n> > > (b) in relation to each opening portion of a window giving access to the swimming pool—there must not be any footholds wider than 10 millimetres between the bottom of the lowest opening panel of the window and any point within 1.1 metres below the bottom of that panel.\n> \n> > (2) Subclause (1) (b) does not apply to a window that is—\n> > \n> > > (a) of substantial construction and is so fixed (by means of a keyed locking device or other child-resistant device) that it has no opening through which it is possible to pass a testing apparatus, or\n> > \n> > > (b) totally enclosed by a grille (including a fixed grille) that is of substantial construction and is so fixed (by means of a keyed locking device or other child-resistant device) that it has no opening through which it is possible to pass a testing apparatus.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Standards required for swimming pools on large or waterfront properties to be exempt from requirement to surround swimming pool","content":"#### 7 Standards required for swimming pools on large or waterfront properties to be exempt from requirement to surround swimming pool\n\n7 Standards required for swimming pools on large or waterfront properties to be exempt from requirement to surround swimming pool\n\n> For the purposes of sections 9 (2) and 10 (2) of the Act, the prescribed standards in accordance with which the means of access to a swimming pool from a residential building are to be restricted are the standards set out in AS 1926.1—2007.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Indoor swimming pools and spa pools","content":"## Division 2 Indoor swimming pools and spa pools\n\nDivision 2 Indoor swimming pools and spa pools","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"General requirements for indoor swimming pools","content":"#### 8 General requirements for indoor swimming pools\n\n8 General requirements for indoor swimming pools\n\n> > (1) For the purposes of section 14 of the Act, the prescribed standards in accordance with which the means of access to an indoor swimming pool are to be restricted are that each doorway, and each opening portion of a window, that gives access to the swimming pool must be designed, constructed, installed and maintained in accordance with the requirements as set out in the Building Code of Australia.\n> \n> > (2) This clause is subject to clause 22.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Standards required to be exempt from requirement to surround spa pool","content":"#### 9 Standards required to be exempt from requirement to surround spa pool\n\n9 Standards required to be exempt from requirement to surround spa pool\n\n> For the purposes of section 20 of the Act, the prescribed standards in accordance with which access to the water contained in a spa pool is to be restricted are that the spa pool must be covered and secured by a lockable child-resistant structure (such as a door, lid, grille or mesh) that—\n> \n> > (a) is of substantial construction and having no opening through which it is possible to pass a testing apparatus, and\n> \n> > (b) is securely fastened by a device that is itself of substantial construction and having no opening through which it is possible to pass a testing apparatus.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Warning notices","content":"# Part 3 Warning notices\n\nPart 3 Warning notices","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Contents of warning notices","content":"#### 10 Contents of warning notices\n\n10 Contents of warning notices\n\n> > (1) For the purposes of section 17 (1) of the Act, the sign referred to in that subsection must bear a notice that contains all of the following—\n> > \n> > > (a) the words—\n> > > \n> > > > (i) “Young children should be actively supervised when using this swimming pool”, and\n> > > \n> > > > (ii) “Pool gates must be kept closed at all times”, and\n> > > \n> > > > (iii) “Keep articles, objects and structures clear of the pool fence at all times”,\n> > \n> > > (b) a simple flow chart (which may be the flow chart depicted in the Cardiopulmonary Resuscitation Guideline) containing details of resuscitation techniques—\n> > > \n> > > > (i) that are set out in accordance with the relevant provisions of that Guideline, and\n> > > \n> > > > (ii) that comply with the other relevant guidelines of the Australian Resuscitation Council,\n> > \n> > > (c) a statement to the effect that formal instruction in resuscitation is essential,\n> > \n> > > (d) the name of the teaching organisation or other body that published the sign and the date of its publication.\n> \n> > (2) However, any sign erected on or before 31 August 2019 that bears a notice in accordance with clause 10 (1) of the [Swimming Pools Regulation 2008](/view/html/repealed/current/sl-2008-0399) (as in force immediately before its repeal) is taken to comply with subclause (1) of this clause, unless the swimming pool to which the sign relates is substantially altered or rebuilt.\n> \n> > (3) The occupier of any premises in or on which a swimming pool (not including a spa pool) is being constructed must ensure that a sign is erected and maintained that—\n> > \n> > > (a) bears a notice containing the words “This swimming pool is not to be occupied or used”, and\n> > \n> > > (b) is located in a prominent position in the immediate vicinity of that swimming pool, and\n> > \n> > > (c) continues to be erected and maintained until a relevant occupation certificate or a certificate of compliance has been issued for that swimming pool.\n> > \n> > Maximum penalty—5 penalty units.\n> > \n> > Note.\n> > \n> > The signage requirements in subclause (3) are in addition to any signage that may be required under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or any other Act.\n> \n> > (4) Subclause (3) does not have effect before 1 March 2019.\n> \n> Note.\n> \n> Words or statements required to be included on signs by this clause may be in upper or lower case.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Legibility of warning notices","content":"#### 11 Legibility of warning notices\n\n11 Legibility of warning notices\n\n> For the purposes of section 17 (1) and (2) of the Act, the signs referred to in section 17 (1) of the Act and clause 10 (3) of this Regulation must be—\n> \n> > (a) legible from a distance of at least 3 metres, and\n> \n> > (b) maintained in a clearly legible condition.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exemptions from barrier requirements granted by local authorities","content":"# Part 4 Exemptions from barrier requirements granted by local authorities\n\nPart 4 Exemptions from barrier requirements granted by local authorities","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Application for exemption","content":"#### 12 Application for exemption\n\n12 Application for exemption\n\n> > (1) An application made to a local authority for an exemption under section 22 of the Act is to be in the form approved by that authority.\n> \n> > (2) That form must contain statements to the effect that—\n> > \n> > > (a) the local authority is taken, for the purposes of any appeal proceedings, to have refused the application if the local authority fails to finally determine the application within 6 weeks after it is made, and\n> > \n> > > (b) the owner of the premises on which the relevant swimming pool is situated is entitled to appeal to the Land and Environment Court if the local authority—\n> > > \n> > > > (i) refuses the application (or is taken to have refused the application), or\n> > > \n> > > > (ii) grants the application but imposes a condition on the exemption granted.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Fee for determining whether to grant exemption","content":"#### 13 Fee for determining whether to grant exemption\n\n13 Fee for determining whether to grant exemption\n\n> > (1) A local authority may impose a fee of no more than $250 for determining an application for an exemption under section 22 of the Act (which includes the conduct of any inspections for the purposes of determining the application).\n> \n> > (2) An application made to a local authority that has imposed a fee must be accompanied by that fee.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Circumstances that justify an exemption","content":"#### 14 Circumstances that justify an exemption\n\n14 Circumstances that justify an exemption\n\n> For the purposes of section 22 (1) (a) of the Act, the fact that an adult occupier of the premises in or on which a swimming pool is situated would (because of a physical disability or impairment of the occupier) be significantly impeded in gaining access to the swimming pool if the requirements of Part 2 of the Act were complied with is a special circumstance that justifies the granting of an exemption from those requirements.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Notice concerning certain decisions on exemptions","content":"#### 15 Notice concerning certain decisions on exemptions\n\n15 Notice concerning certain decisions on exemptions\n\n> > (1) A local authority—\n> > \n> > > (a) that refuses to grant an exemption under section 22 of the Act in respect of a swimming pool, or\n> > \n> > > (b) that imposes conditions on an exemption under section 22 of the Act in respect of a swimming pool,\n> > \n> > must cause notice of the decision to be served on the owner of the premises in or on which the swimming pool is situated.\n> \n> > (2) Such a notice—\n> > \n> > > (a) must give reasons for the decision, and\n> > \n> > > (b) must state that the owner of the premises is entitled to appeal to the Land and Environment Court from the decision of the local authority.","sortOrder":20},{"sectionNumber":"Part 5","sectionType":"part","heading":"Inspections and certificates","content":"# Part 5 Inspections and certificates\n\nPart 5 Inspections and certificates","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Community engagement","content":"#### 16 Community engagement\n\n16 Community engagement\n\n> > (1) For the purposes of section 22B (5) of the Act, a local authority must establish and implement a strategy for engagement with the local community when developing a program for the inspection of swimming pools in its area.\n> \n> > (2) The strategy must be based on social justice principles of equity, access, participation and rights.\n> \n> > (3) The local community is to be consulted in accordance with the strategy in relation to the development of the inspection program (including in relation to any review of such a program).","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Time for carrying out inspections","content":"#### 17 Time for carrying out inspections\n\n17 Time for carrying out inspections\n\n> For the purposes of section 22C (3) of the Act, a reasonable time within which a local authority must carry out an inspection is 10 business days after receiving a request for the inspection in accordance with section 22C of the Act.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Time for entering information on Register","content":"#### 18 Time for entering information on Register\n\n18 Time for entering information on Register\n\n> > (1) For the purposes of section 22D (8) of the Act, if a local authority or an accredited certifier has inspected a swimming pool under Division 5 of Part 2 of the Act and is satisfied that the requirements for the issue of a certificate of compliance have been met, the information must be entered on the Register within 3 business days after the inspection.\n> \n> > (2) For the purposes of section 30A (3) of the Act, if a local authority or an accredited certifier has inspected a swimming pool under Division 5 of Part 2 of the Act and is satisfied that the requirements for the issue of a certificate of compliance have not been met, the information must be entered on the Register within 3 business days after the inspection, by providing the details to the Secretary in a form approved by the Secretary.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Fee for inspection","content":"#### 19 Fee for inspection\n\n19 Fee for inspection\n\n> For the purposes of section 22F (1) of the Act, the maximum fee that a local authority may charge the owner of premises in or on which a swimming pool is situated for carrying out an inspection of the swimming pool is—\n> \n> > (a) if it is the first inspection since the person became the owner—$150, or\n> \n> > (b) any or all subsequent inspections after the first inspection since the person became the owner—$100, or\n> \n> > (c) if it is the first inspection since a certificate of compliance in relation to the premises ceased to be valid—$150, or\n> \n> > (d) any or all subsequent inspections after the first inspection since a certificate of compliance in relation to the premises ceased to be valid—$100.\n> \n> Note.\n> \n> Certificates of compliance for a swimming pool are valid for a period of 3 years from the date of issue, in accordance with section 22D (6) of the Act. After a certificate of compliance has ceased to be valid, the local authority may charge a fee in accordance with this clause for an inspection carried out for the purpose of issuing a new certificate of compliance.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Notices by local authority if pool does not comply","content":"#### 20 Notices by local authority if pool does not comply\n\n20 Notices by local authority if pool does not comply\n\n> > (1) This clause applies to an inspection carried out by the local authority under section 22C of the Act.\n> \n> > (2) The local authority must provide a written notice to the owner of premises in or on which a swimming pool is situated if the local authority has inspected the swimming pool and is not satisfied that the requirements for the issue of a certificate of compliance have been met.\n> \n> > (3) A notice under this clause is to set out the following—\n> > \n> > > (a) the date of the notice,\n> > \n> > > (b) the address of the swimming pool to which the notice relates,\n> > \n> > > (c) the date on which the inspection took place,\n> > \n> > > (d) the reasons why the local authority is not satisfied that the requirements for the issue of a certificate of compliance have been met and the steps that need to be taken in order to meet those requirements,\n> > \n> > > (e) whether the local authority is of the opinion that the swimming pool poses a significant risk to public safety.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Certificates of non-compliance if pool does not comply","content":"#### 21 Certificates of non-compliance if pool does not comply\n\n21 Certificates of non-compliance if pool does not comply\n\n> Note.\n> \n> A local authority may, under section 23 of the Act, order compliance with Part 2 of the Act.\n> \n> > (1) This clause applies to an inspection carried out by the local authority, or a registered certifier, under section 22C of the Act.\n> \n> > (2) The local authority or registered certifier must issue a certificate of non-compliance to the owner in respect of a swimming pool if the local authority or registered certifier (as the case requires)—\n> > \n> > > (a) has inspected the pool under section 22C of the Act, and\n> > \n> > > (b) is satisfied that the requirements for the issue of a certificate of compliance have not been met.\n> \n> > (3) A certificate of non-compliance must be in the form approved by the Secretary and must include the following—\n> > \n> > > (a) the address of the swimming pool to which the certificate relates,\n> > \n> > > (b) the date of the inspection,\n> > \n> > > (c) whether the local authority or registered certifier is of the opinion that the swimming pool poses a significant risk to public safety,\n> > \n> > > (d) if the certificate of non-compliance is issued by a local authority—a statement that the owner of the premises on which the swimming pool is situated is entitled, under section 26 of the Act, to appeal the decision of the local authority to refuse to issue a certificate of compliance under section 22D of the Act.\n> \n> > (4) A certificate of non-compliance must be issued within 7 days from the date of the inspection of the pool. However, failure to issue a certificate of non-compliance within that period does not affect the validity of the certificate.\n> \n> > (5) The requirement under subclause (4) to issue a certificate of non-compliance within the 7-day period applies whether or not a notice under clause 20 has been provided.\n> \n> > (6) A certificate of non-compliance must not be issued in respect of a swimming pool on common property in a strata scheme (within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050)) or association property in a community scheme (within the meaning of the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006)) if that strata or community scheme comprises more than 2 lots.\n> \n> > (7) A certificate of non-compliance in respect of a swimming pool remains valid for a period of 1 year from the date on which it is issued but ceases to be valid if a certificate of compliance is subsequently issued under section 22D of the Act for that swimming pool.\n> \n> > (8) A certificate of non-compliance is not valid at any time during which the premises on which the swimming pool is located are subject to a residential tenancy agreement under the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042).\n> \n> Note.\n> \n> A non-compliance certificate must be entered on the Register. See clause 18 (2).\n> \n> **cl 21:** Am 2018 No 63, Sch 3.16\\[1\\] \\[2\\]; 2021 No 6, Sch 5.20.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Special provision relating to acquired premises","content":"#### 22 Special provision relating to acquired premises\n\n22 Special provision relating to acquired premises\n\n> > (1) This clause applies to a swimming pool situated in or on premises acquired after 24 March 2016 if the contract of sale for the premises contained a certificate of non-compliance under clause 21, unless the certificate states that the swimming pool poses a significant risk to public safety.\n> \n> > (2) For the purposes of sections 7 (1) (b), 12 (d) and 14 of the Act, the prescribed standard in the case of a swimming pool to which this clause applies is the condition of the child-resistant barrier or means of access as at the acquisition of the premises, but only until—\n> > \n> > > (a) 90 days after the acquisition of the premises, or\n> > \n> > > (b) the completion of work after the acquisition of the premises to ensure the child-resistant barrier or means of access complies with the standards that would apply but for this clause,\n> > \n> > whichever is earlier.\n> > \n> > Note.\n> > \n> > See clauses 5 (1) and 8 (1) for the standards prescribed for sections 7 (1) (b), 12 (d) and 14 of the Act that would apply but for this clause. Non-compliance with sections 7, 12 and 14 of the Act may be an offence that carries a maximum penalty of 50 penalty units.\n> \n> > (3) In this clause—\n> > \n> > acquisition of the premises means the date on which the sale of the premises is completed.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Council reporting requirements for inspections","content":"#### 23 Council reporting requirements for inspections\n\n23 Council reporting requirements for inspections\n\n> For the purposes of section 22F (2) of the Act, a local authority that is a council must include in its annual report under section 428 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) the number of inspections that it carried out under Division 5 of Part 2 of the Act that—\n> \n> > (a) were of tourist and visitor accommodation, or\n> \n> > (b) were of premises on which there were more than 2 dwellings, or\n> \n> > (c) resulted in the council issuing the following—\n> > \n> > > (i) a certificate of compliance under section 22D of the Act,\n> > \n> > > (ii) a certificate of non-compliance under clause 21 of this Regulation.","sortOrder":29},{"sectionNumber":"Part 6","sectionType":"part","heading":"Registration of swimming pools","content":"# Part 6 Registration of swimming pools\n\nPart 6 Registration of swimming pools","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Registration information","content":"#### 24 Registration information\n\n24 Registration information\n\n> For the purposes of section 30B (1) of the Act, the following information is required to be entered on the Register in relation to a swimming pool—\n> \n> > (a) the address of the premises,\n> \n> > (b) the type of swimming pool (for example, whether the pool is in-ground or above-ground, or indoor or outdoor, or a spa pool),\n> \n> > (c) the type of premises (for example, premises on which a residential building is located, premises on which tourist and visitor accommodation is located or premises on which more than 2 dwellings are located).","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Fee for provision of registration information","content":"#### 25 Fee for provision of registration information\n\n25 Fee for provision of registration information\n\n> For the purposes of section 30B (2) (b) of the Act, the maximum fee that a local authority may require for the provision of registration information within the meaning of section 30B of the Act is $10.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Authorised persons who may access Register","content":"#### 26 Authorised persons who may access Register\n\n26 Authorised persons who may access Register\n\n> Registered certifiers within the meaning of Division 5 of Part 2 of the Act who carry out work under that Division are prescribed as authorised persons for the purposes of section 30E of the Act.\n> \n> **cl 26:** Subst 2018 No 63, Sch 3.16\\[3\\].","sortOrder":33},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":null,"content":"#### 27\n\n27 (Repealed)","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Directions by local authorities","content":"#### 28 Directions by local authorities\n\n28 Directions by local authorities\n\n> A local authority that gives a direction under section 23 of the Act to the owner of any premises in or on which a swimming pool is situated must include in the direction—\n> \n> > (a) the reasons for its decision to give the direction, and\n> \n> > (b) a statement to the effect that the owner of the premises is entitled to appeal to the Land and Environment Court from the decision of the local authority.","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Public access to Australian Standards, Building Code of Australia and Cardiopulmonary Resuscitation Guideline","content":"#### 29 Public access to Australian Standards, Building Code of Australia and Cardiopulmonary Resuscitation Guideline\n\n29 Public access to Australian Standards, Building Code of Australia and Cardiopulmonary Resuscitation Guideline\n\n> > (1) Each local authority must ensure that an electronic version, and if requested a paper copy of a relevant extract of the applicable Australian standards, the Building Code of Australia and the Cardiopulmonary Resuscitation Guideline are made available for public inspection at no cost at each public office of the local authority during ordinary business hours.\n> \n> > (2) Each local authority must ensure that the Cardiopulmonary Resuscitation Guideline is available for viewing on its website.\n> \n> > (3) In this clause—\n> > \n> > applicable Australian standards means all of the following—\n> > \n> > > (a) AS 1926—1986, Fences and gates for private swimming pools as published by Standards Australia on 4 August 1986,\n> > \n> > > (b) AS 1926.1—2007,\n> > \n> > > (c) AS 1926.1—2012, Swimming pool safety, Part 1: Safety barriers for swimming pools as published by Standards Australia on 6 November 2012, including any subsequent editions,\n> > \n> > > (d) AS 1926.2—2007, Swimming pool safety, Part 2: Location of safety barriers for swimming pools as published by Standards Australia on 12 July 2007, including any subsequent editions.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Effect of changes to prescribed standards for existing complying swimming pool barriers and means of access","content":"#### 30 Effect of changes to prescribed standards for existing complying swimming pool barriers and means of access\n\n30 Effect of changes to prescribed standards for existing complying swimming pool barriers and means of access\n\n> > (1) In this clause, relevant amendment means—\n> > \n> > > (a) an amendment to this Regulation that amends or substitutes a standard prescribed for the purposes of a provision of Part 2 of the Act, or\n> > \n> > > (b) an amendment to a standard (including a code) that is prescribed, as in force from time to time, for the purposes of a provision of Part 2 of the Act.\n> \n> > (2) If a child-resistant barrier for a swimming pool is required to comply with a standard prescribed under a provision of Part 2 of the Act and the standard is amended or substituted by a relevant amendment, the barrier is taken to comply with the amended or substituted standard so long as—\n> > \n> > > (a) immediately before the relevant amendment took effect, the barrier complied with the standard that applied to the barrier at that time and the barrier continues to comply with that standard, or\n> > \n> > > (b) if the barrier has been substantially altered or rebuilt, the barrier complied with the standard that applied to the barrier when it was so altered or rebuilt and the barrier continues to comply with that standard.\n> \n> > (3) If the means of access to a swimming pool are required to comply with a standard prescribed under a provision of Part 2 of the Act and the standard is amended or substituted by a relevant amendment, the means of access are taken to comply with the amended or substituted standard so long as—\n> > \n> > > (a) immediately before the relevant amendment took effect, the means of access complied with the standard that applied to the means of access at that time and the means of access continues to comply with that standard, or\n> > \n> > > (b) if the means of access have been substantially altered or rebuilt, the means of access complied with the standard that applied to the means of access when they were so altered or rebuilt and they continue to comply with that standard.\n> > \n> > Note.\n> > \n> > Subclause (3) applies to standards prescribed under provisions of Part 2 of the Act that relate to indoor swimming pools, outdoor swimming pools or both.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Existing complying swimming pools may continue to comply with earlier standards","content":"#### 31 Existing complying swimming pools may continue to comply with earlier standards\n\n31 Existing complying swimming pools may continue to comply with earlier standards\n\n> > (1) This clause applies to a swimming pool the construction or installation of which was completed before 1 September 2008 and that complied with Part 2 of the [Swimming Pools Regulation 1998](/view/html/repealed/current/sl-1998-0479) as in force immediately before the repeal of that Regulation.\n> \n> > (2) It is sufficient compliance with Part 2 of the Act for a swimming pool to comply with that Part on the basis of the requirements of Part 2 of the [Swimming Pools Regulation 1998](/view/html/repealed/current/sl-1998-0479) (as an alternative to compliance on the basis of the requirements of Part 2 of this Regulation).\n> \n> > (3) However, this clause does not apply to—\n> > \n> > > (a) an outdoor swimming pool—if the child-resistant barrier by which access to the swimming pool is restricted is substantially altered or rebuilt, and\n> > \n> > > (b) an indoor swimming pool—if the premises in or on which the swimming pool is situated are substantially altered or rebuilt in a way that affects the means of access to the swimming pool.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Savings","content":"#### 32 Savings\n\n32 Savings\n\n> > (1) Any act, matter or thing that, immediately before the repeal of the [Swimming Pools Regulation 2008](/view/html/repealed/current/sl-2008-0399), had effect under that Regulation is taken to have effect under this Regulation.\n> \n> > (2) A certificate of non-compliance that was valid immediately before the repeal of the [Swimming Pools Regulation 2008](/view/html/repealed/current/sl-2008-0399) is not affected by that repeal and this Regulation applies to the certificate in the same way that it applies to a certificate of non-compliance issued under this Regulation.","sortOrder":41},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nFor the purposes of section 35 of the Act—\n\n> (a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and\n\n> (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 7 (1) | $550 |\n| Section 12 | $550 |\n| Section 14 | $550 |\n| Section 15 (1) | $550 |\n| Section 16 | $550 |\n| Section 17 (1) | $110 |\n| Section 23 (3) | $550 |\n| Section 30B (1) | $220 |\n| Offences under the Regulation |\n| Clause 10 (3) | $110 |","sortOrder":42}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulation appears to have remained focused on its original purpose of prescribing swimming pool safety standards and compliance requirements in NSW. The three versions (2018, 2020, 2021) reflect periodic updates rather than any fundamental shift in scope. The core subject matter — pool barrier safety, registration, and inspection obligations — is consistent with what such a regulation would be expected to cover under the Swimming Pools Act."},"complexity_factors":["Operates as a subordinate instrument under the Swimming Pools Act, requiring cross-reference to the parent Act to fully understand obligations","Technical safety standards for pool barriers require reference to Australian Standards documents not contained within the regulation itself","Multiple versions over time (2018, 2020, 2021) mean obligations have changed and the applicable version depends on the relevant date","Intersection with property law, conveyancing requirements, and local government enforcement creates multi-jurisdictional complexity for practitioners","Scheduled automatic repeal creates uncertainty about the regulation's future status","Note: Full substantive content was not provided — complexity assessed on known scope of this regulation type; actual drafting complexity may be higher"],"plain_english_summary":"## Swimming Pools Regulation 2018 (NSW)\n\n**What is this?**\nThis is a NSW regulation (a set of detailed rules made under a broader law called the Swimming Pools Act) that sets out the specific requirements for swimming pools — particularly around safety fencing, inspections, and compliance obligations for pool owners.\n\n**Who does this affect?**\n- **Homeowners and property owners** in NSW who have a swimming pool or spa on their property\n- **Local councils** who are responsible for enforcing pool safety rules\n- **Property buyers and sellers**, as pool compliance is relevant to property transactions\n- **Real estate agents and conveyancers** dealing with properties that have pools\n\n**Why does it matter?**\nDrowning — especially of young children — is a serious risk around backyard pools. This regulation exists to enforce safety standards, primarily requiring compliant fencing (barriers that prevent unsupervised children from accessing pool areas). Pool owners can face fines and orders if their pool doesn't meet the required standards.\n\n**Key practical points:**\n- Pool owners must ensure their pool barrier (fence/gate) meets prescribed safety standards\n- Pools must be registered on the NSW Swimming Pool Register\n- Inspections can be required, particularly when selling or leasing a property with a pool\n- Non-compliance can result in penalty notices (on-the-spot fines)\n\n**Note:** This regulation is scheduled to be automatically repealed (cancelled) on **1 September 2026** under standard NSW subordinate legislation review processes — meaning it will likely need to be remade or replaced before that date.\n\n*This document only shows metadata and status information — the full substantive rules of the regulation are not included in the text provided.*"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation replaces the earlier Swimming Pools Regulation and updates procedural and technical prescriptions, but it expressly preserves prior compliance outcomes and existing certificates (see clauses 2, 31, 32). The text therefore continues the prior regulatory scope—prescribing standards, administrative processes, fees and records for pool safety—while adding or clarifying procedural details (fees, timeframes, public access and transition arrangements)."},"complexity_factors":["Multiple cross-references to the Swimming Pools Act 1992 and to external standards (AS 1926.1—2007, Building Code of Australia) (clauses 4–9)","Different timeframes and deadlines for inspection, certificates and Register entries (10 business days, 3 business days, 7 days) (clauses 17–18, 21(4))","Multiple fee caps and fee categories (exemption application fee, inspection fees with first/subsequent distinctions, registration information fee) (clauses 13, 19, 25)","Transitional and grandfathering rules that depend on construction/completion dates and whether barriers/access have been substantially altered (clauses 30–31, 22)","Different actors with roles and discrete powers and obligations (local authorities/councils, registered/accredited certifiers, the Secretary, owners, purchasers, tenants) (clauses 12–15, 16–21, 24–26)","Prescribed content and form requirements for signage, certificates and forms (clauses 10, 21, 12)","Exceptions and special cases (strata/common property, residential tenancy exclusions, disability-based exemption grounds) that alter applicability (clauses 21(6)–(8), 14)"],"plain_english_summary":"### What this Regulation does, in plain terms\n\nThis Regulation sets out detailed rules that operate under the Swimming Pools Act 1992. Mechanically it does the following:\n\n- Prescribes the technical standards that count as compliance for pool barriers and means of access (for example the Building Code of Australia and AS 1926.1—2007 are referenced as the applicable standards) (clauses 4, 5(1), 6(1), 7, 8(1), 9).  \n- Requires specific warning signage (what words and information the sign must contain and legibility requirements) and when temporary construction signage must be posted (clauses 10–11).  \n- Sets out the administrative process for local authorities to grant or refuse exemptions from barrier requirements, including required form content, time limits, notification and appeal information (clauses 12–15, 28).  \n- Requires local authorities to consult the community when developing pool-inspection programs (clause 16) and sets timeframes for inspections and for entering inspection results on the statewide Register (clauses 17–18).  \n- Prescribes maximum fees that local authorities may charge for exemption applications, inspections and for providing registration information (clauses 13, 19, 25).  \n- Prescribes how and when a local authority or accredited/registered certifier must issue a certificate of non-compliance after an inspection (clause 21) and how long such a certificate lasts, and records-entry obligations for compliant/non‑compliant findings (clauses 18, 21).  \n- Specifies registration data that must be recorded on the Register for each pool (clause 24), who may access the Register (clause 26), and public‑access obligations for relevant standards and the cardiopulmonary resuscitation guideline (clause 29).  \n- Preserves transitional arrangements for pools built before certain dates and treats existing compliance against earlier standards as valid in specified circumstances (clauses 30–32, 31).  \n- Lists a set of offences for which penalty notices may be issued and the monetary amounts (Schedule 1).\n\nThe instrument is a rules-and-processes Regulation: it does not itself create new criminal offences beyond specifying penalty‑notice amounts and administrative duties; rather it defines standards, deadlines, forms, fees and recordkeeping required by the Act.\n\n### Who is affected and who pays\n\n- Owners of premises with a swimming pool: must ensure barriers, means of access and signage meet the prescribed standards and can be inspected; they may pay inspection fees and registration‑information fees and may be issued penalty notices for specified breaches (clauses 5–11, 19, 24–25, Schedule 1).  \n- Purchasers of premises with pools: the Regulation creates a temporary compliance standard for acquired premises with a certificate of non‑compliance (a grace period of up to 90 days or until remedial work is completed) (clause 22).  \n- Local authorities (councils): decide on exemption applications, conduct inspections, issue directions and notices, must consult the community on inspection programs, provide public access to specified standards and enter inspection results on the Register (clauses 12–15, 16, 17–18, 20, 23, 29). Councils may charge capped fees for certain services (clauses 13, 19, 25).  \n- Registered/accredited certifiers: may carry out inspections under the Act, issue certificates of (non-)compliance and are authorised to access the Register (clauses 18, 21, 26).  \n- Occupiers and tenants: certain certificates of non‑compliance are not valid while a residential tenancy exists (clause 21(8)).  \n\nWho pays (explicit fees and fines in the Regulation):  \n- Exemption application fee: up to $250 (clause 13).  \n- Inspection fees (owner pays): $150 for a first inspection after becoming owner or after a certificate has lapsed; $100 for subsequent inspections (clause 19).  \n- Registration information fee: up to $10 (clause 25).  \n- Penalty notice amounts for specified offences are listed in Schedule 1 (amounts vary; e.g. $550 for several Act offences, $110 for signage construction offence in clause 10(3), $220 for certain registration breaches).  \n\n### Who decides and what discretion is constrained\n\n- Local authorities make decisions about exemptions, inspections, notices and directions, but the Regulation requires they record reasons and advise owners of appeal rights (clauses 12, 15, 28).  \n- Local authorities may impose fees but the Regulation caps them (clauses 13, 19, 25).  \n- Registered certifiers may inspect and issue non‑compliance certificates; the Regulation prescribes forms, timeframes and what must be included in certificates (clauses 18, 21).  \n- The Secretary approves the form for certificate of non‑compliance and prescribes the form for providing certain Register details (clause 21(3), clause 18(2)).\n\n### How the Regulation changes behaviour (mechanically)\n\n- Owners must maintain barriers and means of access to a specified standard or risk inspection findings, certificates of non‑compliance and penalty amounts (clauses 5–9, 21, Schedule 1).  \n- Owners must install and maintain prescribed warning signs and keep them legible from 3 metres (clauses 10–11).  \n- Owners must submit to inspections on request and pay capped inspection fees (clauses 17, 19).  \n- Local authorities must run inspection programs with community engagement and report inspection activity in their annual report (clauses 16, 23).  \n- Where standards change, existing compliant barriers and access are generally grandfathered so long as they remain unchanged, or until they are substantially altered (clauses 30–31).\n\n### Stated purpose and a practical test against costs, incentives and risks\n\n- The Regulation explicitly prescribes standards and administrative procedures to give effect to various parts of the Swimming Pools Act 1992 (see, for example, clauses 4–9 which identify the technical standards to be taken as the prescribed standards). That is its stated legal function.  \n\n- Costs and who bears them: owners bear most direct compliance and transactional costs (inspection fees, possible remedial work, signage). Local authorities bear administrative responsibilities (establishing and publishing inspection programs, making standards available for public inspection) but can recover limited fees subject to statutory caps (clauses 13, 19, 25, 29). Accredited/registered certifiers (private or public) are given a role that creates demand for their services (clauses 18, 21, 26).  \n\n- Incentives and trade-offs: fee caps limit direct revenue incentives for local authorities (clauses 13, 19, 25). The Regulation creates a private‑market role for certifiers by authorising them to inspect and to issue certain certificates (clauses 21, 26). The 90‑day transitional rule for purchasers (clause 22) reduces immediate remedial costs on buyers but shifts the timing of compliance obligations.  \n\n- Compliance burden and implementation risk: owners must meet specific physical requirements, maintain legible signage and respond to inspections within the administrative framework (clauses 5–11, 17–21). Local authorities and certifiers face tight record‑keeping and timing rules (for example, entering Register information within 3 business days after inspection (clause 18), issuing non‑compliance certificates within 7 days (clause 21(4))). Failure to meet those administrative timeframes may create operational risk although the Regulation notes that missing the 7‑day issue period does not invalidate the certificate (clause 21(4)).  \n\n- Discretion and checks: local authorities retain decision‑making power (exemptions, directions) but the Regulation requires reasons and appeal information to be provided, and it prescribes appeal rights to the Land and Environment Court (clauses 12, 15, 28).  \n\n- Concentrated benefits and diffuse costs: the Regulation concentrates detailed compliance rules on pool owners (a distinct, identifiable group) while the administrative and public‑safety benefits are diffuse—applied across the community—though the text of the Regulation itself only specifies standards and administrative mechanics (see clauses throughout Parts 2–7).  \n\n- Transition and legacy effects: the Regulation expressly preserves pre‑existing compliance under earlier Regulations for older pools and recognises existing certificates of non‑compliance (clauses 30–32, 31). This reduces abrupt retroactive obligations where earlier standards applied.\n\n### Key citations (representative)\n\n- Prescribed standards for outdoor/indoor pools: clauses 4–9.  \n- Warning signage content and legibility: clauses 10–11.  \n- Exemption process and fees: clauses 12–15, 13.  \n- Community consultation on inspection programs: clause 16.  \n- Inspection timing and Register entry timing: clauses 17–18.  \n- Inspection fees: clause 19.  \n- Notices, certificates of non‑compliance and their timing/validity: clauses 20–21.  \n- Transitional and savings provisions: clauses 30–32, 31.  \n- Public access to standards and CPR guideline: clause 29.  \n- Penalty notice offences and amounts: Schedule 1.\n\nThis summary describes the Regulation’s mechanics (what it requires and how it operates), identifies the likely payers and decision‑makers under the text, and flags the main operational trade‑offs and administrative risks that the Regulation itself creates or mitigates (with clause citations)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope of setting safety standards for swimming pool barriers, inspection regimes, and registration requirements. While it incorporates amendments (noted in clause 21 regarding strata schemes and community property), these appear to be refinements within the original safety framework rather than expansion into new policy areas."},"complexity_factors":["Multiple overlapping standards referenced (Building Code of Australia, AS 1926.1—2007, AS 1926.1—2012, AS 1926.2—2007, and the old 1986 and 1998 standards)","Complex grandfathering provisions in clauses 30 and 31 that create 'frozen in time' compliance for existing pools","Nested exceptions and conditional logic, particularly in clause 6 (window exemptions) and clause 21 (certificates of non-compliance)","Cross-references to the parent Act (Swimming Pools Act 1992) and other legislation including Strata Schemes Management Act 2015, Community Land Development Act 2021, and Residential Tenancies Act 2010","Time-based transitional provisions (e.g., 90-day grace period in clause 22, 31 August 2019 deadline for old signs in clause 10)","Specific technical measurements (105mm testing apparatus, 10mm footholds, 1.1 metre heights, 3 metre visibility)"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the technical rules for keeping swimming pools safe in New South Wales, particularly to stop young children from drowning. It works together with the *Swimming Pools Act 1992* (the main law) by filling in the practical details.\n\n**Key things it covers:**\n\n- **Fencing and barriers:** It specifies exactly how pool fences, gates, doors and windows must be built to keep children out. For most outdoor pools, this means following the *Building Code of Australia*. For some pools on large properties or indoor pools, different rules apply based on Australian Standard AS 1926.1—2007.\n\n- **Spa pools:** Spa pools can skip the full fence requirement if they have a lockable, child-resistant cover (like a heavy lid or mesh) that a child can't get through.\n\n- **Warning signs:** Pool owners must display specific signs with safety messages (like \"Keep gates closed\") and a resuscitation (CPR) flow chart. The signs must be readable from 3 metres away.\n\n- **Inspections and certificates:** Local councils must inspect pools and can charge fees ($150 for first inspections, $100 for follow-ups). They issue certificates showing whether pools comply or not. These certificates go on a central register.\n\n- **Buying a house with a non-compliant pool:** If you buy a property with a pool that doesn't meet standards (and you get a certificate of non-compliance at settlement), you get 90 days to fix it before you're in trouble.\n\n- **Grandfathering:** Pools built before September 2008 can keep following the old 1998 rules, unless they're substantially rebuilt.\n\n**Who it affects:**\n\n- **Homeowners** with swimming pools or spa pools\n- **People buying or selling properties** with pools\n- **Local councils** (who do the inspections and keep the register)\n- **Real estate agents** and **conveyancers** (who handle the compliance certificates during sales)\n\n**Why it matters:**\n\nDrowning is a leading cause of accidental death for young children in Australia. This Regulation tries to prevent that by making sure pools have proper barriers and warning signs. It also creates a system where buyers know what they're getting into when they purchase a house with a pool—avoiding nasty surprises about expensive fencing upgrades after settlement."}},"importantCases":[],"_links":{"self":"/api/acts/swimming-pools-regulation-2018","history":"/api/acts/swimming-pools-regulation-2018/history","analysis":"/api/acts/swimming-pools-regulation-2018/analysis","conflicts":"/api/acts/swimming-pools-regulation-2018/conflicts","importantCases":"/api/acts/swimming-pools-regulation-2018/important-cases","documents":"/api/acts/swimming-pools-regulation-2018/documents"}}