Public Pools Act 2015 (ACT)

This Act governs the operation, management, safety regulation, inspection and enforcement of Territory-owned public pool facilities (category 1 facilities), and sets procedural and regulatory frameworks for standards, fees, entry controls, closures, enforcement powers and review rights. The Act applies to a category 1 facility, defined as a pool facility owned by the Territory and open to or used by the public (s 6; s 7). It covers pools and associated plant, concourses, change rooms, fences, administration premises and other structures necessary for operation (s 10).

Mechanically, the Act allocates decision and rule‑making powers across the Minister and the director‑general, and creates operational duties for operators. The Minister may determine standards relating to operation and management (s 13) and may determine fees (s 54) or issue guidelines for fees (s 17). The director‑general may determine minimum qualifications and training (s 12), operational standards such as occupancy and pool loading, safety initiatives, mandatory equipment and signage (s 14), and standards for conditions of entry and removal (s 15) and signs (s 16). Determinations made by the director‑general are notifiable instruments, while some ministerial determinations are disallowable instruments (s 12(3), s 13(4), s 14(3), s 15(3), s 16(3), s 17(5)).

Enforcement architecture is layered. The director‑general may issue maintenance directions to operators where pools are not maintained and the condition causes undue risk (s 20). If a maintenance direction is not complied with, the director‑general may order an emergency closure where closure is the only viable option to prevent or reduce undue risk (s 21). The operator may apply to have an emergency closure cancelled within seven days (s 23). Inspectors appointed by the director‑general, and police officers (who are inspectors by operation of law), have entry and investigative powers, subject to identity card and consent rules (s 37, s 38, s 39, s 40, s 42, s 43). Authorised persons (operators, their employees and licensed security guards) can refuse entry and direct patrons to leave for specified reasons, with an offence for failure to comply (s 25 to s 30).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Public Pools Act 2015 A2015-7 Republication No 5 Effective: 26 December 2025 Republication date: 26 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Public Pools Act 2015 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Public Pools Act 2015 Contents Page Part 1 Preliminary 1 Name of Act 6 3 Dictionary 6 4 Notes 6 5 Offences against Act—application of Criminal Code etc 6 6 Application of Act 7 Part 2 Key concepts 7 Meaning of category 1 facility 8 8 Meaning of operator 8 9 Meaning of pool 9 10 Meaning of pool facility 9 11 Exemption of pool facility or person from Act 10

Contents Page contents 2 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Pool facilities administration––minimum requirements, standards and guidelines Division 3.1 Pool operators and staff 12 Qualifications, skills and training 12 Division 3.2 Standards 13 Operations and management––Ministerial standards 13 14 Operational matters 13 15 Conditions of entry and removal 14 16 Signs 15 Division 3.3 Pool fees 17 Pool fees and guidelines––category 1 facilities 16 Division 3.4 Prohibited articles 18 Meaning of prohibited article 18 19 Declaration of prohibited articles 18 Part 4 Maintenance directions and pool closure orders Division 4.1 Maintenance directions 20 Pool facility not maintained 20 Division 4.2 Emergency closure orders 21 Emergency closure of pool facility 21 22 Offence—fail to comply with emergency closure order 22 23 Cancellation of emergency closure order––application 22 24 Compensation––pool closure 23 Part 5 Refusing entry and removal powers 25 Definitions—pt 5 25 26 Authorised person may refuse entry 25 27 Authorised person’s directions 26 28 Authorised person’s direction––operational reasons 27 29 Disability––assistance animals 28 30 Offence—fail to comply with direction 29

Contents Page R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Offences 31 Infections 31 32 Smoking prohibited 31 33 Consumption of liquor 31 34 Possession of liquor 32 35 Graffiti etc 32 36 Damaging infrastructure 32 Part 7 Enforcement Division 7.1 Inspectors and identity cards 37 Inspectors 34 38 Identity cards 34 39 Power not to be exercised before identity card shown 35 Division 7.2 Powers of inspectors 40 Power to enter pool facility 35 41 Production of identity card 36 42 Consent to entry 36 43 Advance notification and consent to entry 38 44 General powers on entry to pool facility 40 45 Other powers 40 Division 7.3 Miscellaneous 46 Damage etc to be minimised 41 47 Compensation for exercise of enforcement powers 42 Division 7.4 Auditing and compliance 48 Appointment of auditor 42 Part 8 Notification and review of decisions 49 Meaning of reviewable decision––pt 8 44 50 Reviewable decision notices 44 51 Applications for review 44 Part 9 Miscellaneous 52 Liability for loss of, or damage to, property 45 53 Protection from liability 45

Contents Page contents 4 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 54 Determination of fees 45 55 Exemption from fees 45 56 Statutory instruments––application etc of other laws or instruments 46 58 Regulation-making power 46 59 Regulations––first-aid equipment and facilities 47 Schedule 1 Reviewable decisions 48 Dictionary 49 Endnotes 1 About the endnotes 51 2 Abbreviation key 51 3 Legislation history 52 4 Amendment history 53 5 Earlier republications 55

Section 1 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Public Pools Act 2015 An Act relating to public pools, and for other purposes

Part 1 Preliminary Section 1 page 6 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Public Pools Act 2015. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘low-alcohol liquor—see the Liquor Act 2010, dictionary.’ means that the term ‘low-alcohol liquor’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Preliminary Part 1 Section 6 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Application of Act This Act applies to a category 1 facility. Note Category 1 facility––see s 7.

Part 2 Key concepts Section 7 page 8 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Key concepts 7 Meaning of category 1 facility In this Act: category 1 facility–– (a) means a pool facility that is–– (i) owned by the Territory; and (ii) open to or used by the public (whether or not on payment of money); and (b) includes a pool facility managed under a facility management agreement. Note Facility management agreement—see the dictionary. 8 Meaning of operator (1) In this Act: operator, of a pool facility–– (a) means the person who, alone or with someone else, manages or controls the pool facility; and (b) includes–– (i) a person for the time being managing or controlling the pool facility; and (ii) a person managing or controlling the pool facility in accordance with a facility management agreement; and (iii) any other person prescribed by regulation; but Note Power to make a regulation in relation to a matter includes power to make provision in relation to a class of matter (see Legislation Act, s 48 (2)).

Key concepts Part 2 Section 9 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) does not include a person excluded from this definition by regulation. (2) If there is more than 1 operator of a pool facility, it is sufficient compliance with a requirement of this Act if–– (a) any of the operators exercises the functions of an operator under this Act; and (b) any notice or other document required to be given to the operator under this Act is given to any of the operators. 9 Meaning of pool In this Act: pool–– (a) means an artificial structure or vessel that is–– (i) capable of being filled with water; and (ii) used or intended to be used for swimming, diving, wading, paddling or any other recreational water activity; and (iii) unable to be emptied by overturning the structure or vessel; but (b) does not include— (i) a bath tub or other vessel used for cleaning the body; or (ii) an artificial structure or vessel prescribed by regulation. 10 Meaning of pool facility In this Act: pool facility–– (a) means 1 or more pools; and

Part 2 Key concepts Section 11 page 10 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) includes any 1 or more of the following: (i) the plant associated with each pool; (ii) the concourse for each pool; (iii) the toilets, change rooms and similar facilities associated with each pool; (iv) lighting; (v) a fence and any other structure that–– (A) excludes access to a pool; or (B) forms a boundary around 1 or more pools; (vi) premises used for administration in relation to each pool; (vii) any other structure, building or plant necessary for the operation of each pool; but (c) does not include–– (i) if the pool is located within a gymnasium or recreational centre––the areas of the recreational centre not associated with the pool; or (ii) a facility prescribed by regulation. 11 Exemption of pool facility or person from Act (1) The Minister may exempt a pool facility or person from this Act. Note 1 A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)). Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). Note 3 Power to make a statutory instrument (including exemptions) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Key concepts Part 2 Section 11 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In deciding whether to exempt a pool facility or person from this Act, the Minister must take into account any criteria prescribed by regulation. (3) An exemption may be conditional. (4) An exemption has no effect–– (a) to the extent that it is inconsistent with a regulation; or (b) during any period in which a condition of the exemption is not complied with. (5) An exemption is a disallowable instrument.

Part 3 Pool facilities administration––minimum requirements, standards and guidelines Division 3.1 Pool operators and staff Section 12 page 12 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Pool facilities administration–– minimum requirements, standards and guidelines Division 3.1 Pool operators and staff 12 Qualifications, skills and training (1) The director-general may determine minimum qualifications, skills and training requirements for operators, employees, people engaged under contract or volunteers at a pool facility. (2) A determination may make provision in relation to the following: (a) the kinds of qualifications, training, skills or experience required by–– (i) operators of pool facilities; and (ii) in accordance with their functions––employees, people engaged under contract or volunteers at a pool facility; Examples • swimming instructor • swimming coach • lifeguard (b) ongoing professional development and training requirements; (c) compliance with requirements under the Working With Vulnerable People (Background Checking) Act 2011; (d) requirements about record keeping relating to qualifications, training, skills or experience. Note 1 Power to make a statutory instrument (including a determination) about a particular matter does not limit power to make a statutory instrument about any other matter (see Legislation Act, s 44 (3)).

Pool facilities administration––minimum requirements, standards and guidelines Part 3 Standards Division 3.2 Section 13 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Note 2 Power to make a statutory instrument (including a determination) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (3) A determination is a notifiable instrument. Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56). Division 3.2 Standards 13 Operations and management––Ministerial standards (1) The Minister may determine standards in relation to the operation or management of a pool facility. (2) Before determining a standard, the Minister must–– (a) consult with people or organisations that conduct an activity or are engaged in the industry to which the standard relates; and (b) invite written submissions on the standard. (3) The Minister must consider any submission made under subsection (2) before determining the standard. (4) A determination is a disallowable instrument. Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56). 14 Operational matters (1) The director-general may determine standards in relation to the following operational matters at a pool facility: (a) occupancy loading; (b) pool loading; (c) water safety initiatives;

Part 3 Pool facilities administration––minimum requirements, standards and guidelines Division 3.2 Standards Section 15 page 14 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) safety rules and requirements; (e) adult supervision of a child; (f) supervision of patrons by pool facility staff; (g) customer service charters; Examples 1 standard of service patrons can expect at pool facility 2 obligations of patrons attending pool facility 3 feedback and complaint processes (h) mandatory safety equipment; (i) mandatory or recommended best practice signage in relation to a pool facility, including meeting any AS, AS/NZS or international standards for safety signs; (j) record keeping in relation to the operation and management of a pool facility. (2) Before determining a standard, the director-general must–– (a) consult with people or organisations that conduct an activity or are engaged in the industry to which the standard relates; and (b) invite written submissions on the standard. (3) The director-general must consider any submission made under subsection (2) before determining the standard. (4) A determination is a notifiable instrument. Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56). 15 Conditions of entry and removal (1) The director-general may determine standards in relation to conditions of entry to, and requirements for removal from, a pool facility.

Pool facilities administration––minimum requirements, standards and guidelines Part 3 Standards Division 3.2 Section 16 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A standard may make provision in relation to the following: (a) conditions of entry, including–– (i) health and hygiene requirements; and (ii) the minimum age for entry without adult supervision; and (iii) in relation to assistance animals; (b) rules of behaviour, including behaviour that may cause a person to be excluded or removed from a pool facility; (c) procedures and grounds for excluding people, including in relation to operational matters. Examples––pars (b) and (c) • possession of alcohol • smoking • exceeding occupancy or pool loading (3) A determination is a notifiable instrument. Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56). 16 Signs (1) The director-general may determine standards in relation to signage at a pool facility. (2) A standard may make provision in relation to the following: (a) minimum construction and design requirements for signs, including words and images that may be displayed on signs; (b) the size and location of signs; (c) signs that are mandatory or reflect best practice;

Part 3 Pool facilities administration––minimum requirements, standards and guidelines Division 3.3 Pool fees Section 17 page 16 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the form of a sign and how patrons may be notified of pool facility conditions of entry and grounds for exclusion or removal. Examples––form of a sign 1 pamphlet containing conditions of entry and grounds for exclusion or removal 2 copy of notifiable instrument displayed prominently at pool facility (3) A determination is a notifiable instrument. Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56). Division 3.3 Pool fees 17 Pool fees and guidelines––category 1 facilities (1) This section applies to a category 1 facility. (2) An operator of the facility may set fees to be charged for the facility, if there is no fee determination under section 54 (Determination of fees) in force for the facility. (3) The Minister may issue guidelines for fees (the pool fee guidelines) to be set under subsection (2). (4) A pool fee guideline may make provision in relation to the following: (a) the pool facilities that are subject to the pool fee guidelines; (b) the maximum fees that may be set; (c) fees for different purposes or circumstances; (d) fees based on the following: (i) the age of patrons; Examples • child • student • senior

Pool facilities administration––minimum requirements, standards and guidelines Part 3 Pool fees Division 3.3 Section 17 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) whether a patron is supervising a child or person requiring care; (iii) entry with a concession or disability card issued by the Territory, a State or the Commonwealth; (iv) combined memberships for pool facility use and other recreational uses; (v) community-based membership; (vi) entry as a spectator only; (vii) entry as a member of a swimming school, training squad or other aquatic group; (viii) the nature and scale of the activities being carried out at a pool facility; Examples––nature of activities • pool hire for school carnival • exclusive lane hire (e) fees for lessons or coaching; (f) fees for the sale or hire of articles and equipment; (g) the way fees are notified; (h) the circumstances in which fees may be waived or reduced; (i) the review of the pool fee guidelines and timeframe for the review; (j) any matters the director-general may consider before the fees are applied. Note Power to make a statutory instrument (including a guideline) about a particular matter does not limit power to make a statutory instrument about any other matter (see Legislation Act, s 44 (3)). (5) A pool fee guideline is a notifiable instrument. Note A pool fee guideline may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56).

Part 3 Pool facilities administration––minimum requirements, standards and guidelines Division 3.4 Prohibited articles Section 18 page 18 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.4 Prohibited articles 18 Meaning of prohibited article In this Act: prohibited article means a thing declared by the director-general to be a prohibited article under section 19. 19 Declaration of prohibited articles (1) The director-general may declare a thing to be a prohibited article if satisfied that the thing–– (a) is, or is likely to be–– (i) obscene or offensive; or (ii) an undue risk to the health and safety of people at a pool facility; or (iii) a hazard at a pool facility; or (b) is otherwise inappropriate at a pool facility. Examples––par (a) 1 magazines or audio visual material with an “R’ classification 2 ceramic or glass item Example––par (b) high-power water pistol (2) A declaration may state that a prohibited article must not–– (a) be sold or offered for sale at a pool facility; or (b) be hired or offered for hire at a pool facility. Note Power to make a statutory instrument (including a notifiable instrument) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Pool facilities administration––minimum requirements, standards and guidelines Part 3 Prohibited articles Division 3.4 Section 19 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A declaration is a notifiable instrument. Note A declaration may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56).

Part 4 Maintenance directions and pool closure orders Division 4.1 Maintenance directions Section 20 page 20 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Maintenance directions and pool closure orders Division 4.1 Maintenance directions 20 Pool facility not maintained (1) This section applies if the director-general is satisfied on reasonable grounds that— (a) an operator of a pool facility is not maintaining the pool facility in good repair or condition; and (b) the failure to maintain the pool facility is causing undue risk to people, property or the environment. (2) The director-general may direct the operator to maintain the pool facility (a maintenance direction). Note 1 The director-general’s decision to issue a maintenance direction is reviewable by the ACAT (see s 50 and sch 1). Note 2 The director-general must give the operator a reviewable decision notice in relation to the decision to issue a maintenance direction (see s 50). (3) A maintenance direction must be in writing and state the action to be taken to ensure the pool facility is maintained in a way that is likely to prevent or reduce risk to people, property or the environment and include the following: (a) the details of the maintenance work required, or matters to be rectified; (b) when the maintenance direction must be complied with, being a day at least 1 month after the day the maintenance direction is given to the operator; (c) if the maintenance required is extensive–– (i) that the pool facility be closed for a period (a stated period) for maintenance work to be carried out; and

Maintenance directions and pool closure orders Part 4 Emergency closure orders Division 4.2 Section 21 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the stated period the pool must be closed. (4) A maintenance direction must also state that, if the maintenance direction is not complied with, the pool facility may be closed under section 21 if closure is the only viable option to prevent or reduce undue risk to people, property or the environment. (5) If a maintenance direction includes a stated period for the pool to be closed, the maintenance direction must provide that–– (a) the stated period starts on a day at least 60 days after the day the maintenance direction is given to the operator of the pool facility; and (b) as far as practicable, the stated period is during the off-peak season. (6) A stated period may end on a stated day or on the happening of a stated event. Division 4.2 Emergency closure orders 21 Emergency closure of pool facility (1) The director-general may order an operator of a pool facility to close the pool facility (an emergency closure order) if the director-general believes on reasonable grounds that— (a) the operator did not comply with a maintenance direction, and the closure of the pool facility is the only viable option to prevent or reduce undue risk to people, property or the environment; or (b) the immediate closure of a pool facility is the only viable option to prevent or reduce undue risk to people, property or the environment.

Part 4 Maintenance directions and pool closure orders Division 4.2 Emergency closure orders Section 22 page 22 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If an emergency closure order is made under subsection (1), the director-general must immediately, or as soon as practicable, give written notice to the operator stating the following: (a) the pool facility that must be closed by the operator; (b) the grounds on which the order is given; (c) the date of issue of the order; (d) that the order starts on the day the order is given; (e) when the order ends; (f) that if the order is not complied with, the operator may be committing an offence under section 22; (g) that the operator may apply for the cancellation of the order under section 23 and details about the application process. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) For subsection (2) (e), the order may end on a stated day or on the happening of a stated event. 22 Offence—fail to comply with emergency closure order (1) A person commits an offence if the person— (a) is subject to an emergency closure order; and (b) the person fails to comply with the order. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 23 Cancellation of emergency closure order––application (1) An operator of a pool facility who is required to close the pool facility by an emergency closure order may apply, in writing, not later than 7 days after the day the order is given, to the director-general for cancellation of the emergency closure order stating reasons why the order should be cancelled.

Maintenance directions and pool closure orders Part 4 Emergency closure orders Division 4.2 Section 24 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Before making a decision on the application, the director-general must consider— (a) the application; and (b) the grounds on which the emergency closure order was given; and (c) the current state of the pool facility to which the order relates. (3) The director-general may cancel the emergency closure order if satisfied on reasonable grounds that the cancellation will not endanger the health or safety of people or cause undue risk to property or the environment. Note The director-general’s decision to refuse to cancel an emergency closure order is reviewable by the ACAT (see s 50 and sch 1). (4) The director-general must tell the operator of the decision and, if the director-general refuses to cancel the emergency closure order, the reasons for the refusal. Note The director-general must also give the operator a reviewable decision notice in relation to the decision to refuse to cancel an emergency closure order (see s 50). 24 Compensation––pool closure (1) This section applies if— (a) a person was subject to a maintenance direction or an emergency closure order requiring a pool facility to be closed; and (b) the person suffers loss or expense because of the direction or order; and (c) the person considers that there were insufficient grounds for giving the direction or order. (2) The person may apply, in writing, to the Minister for compensation, setting out the reasons for the application.

Part 4 Maintenance directions and pool closure orders Division 4.2 Emergency closure orders Section 24 page 24 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The Minister must— (a) decide whether to pay any compensation to the person and, if so, the amount of the compensation; and (b) give the person written notice of the Minister’s decision. Note For how documents may be given, see the Legislation Act, pt 19.5. (4) If the Minister is satisfied that there were insufficient grounds for giving the direction or order, the Territory must pay the person the reasonable compensation decided by the Minister. (5) However, compensation is not payable to the person— (a) in relation to any loss or expense suffered by the person because of an act or omission of the person; or (b) if the person caused or contributed to the circumstances that caused the direction or order to be given; or (c) if the direction or order was given in accordance with this Act and in good faith. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (6) If the Minister does not decide the application within 28 days after the day the Minister receives the application, the Minister is taken to have refused to pay compensation.

Refusing entry and removal powers Part 5 Section 25 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Refusing entry and removal powers 25 Definitions—pt 5 (1) In this part: authorised person, in relation to a pool facility, means–– (a) the operator; or (b) an employee of the operator; or (c) a licensed security guard engaged by the operator. licensed security guard means a person who holds a security licence. (2) In this section: security licence means a licence under the Security Industry Act 2003 that authorises the licensee to carry out crowd control under that Act, whether or not it authorises the licensee to do anything else. 26 Authorised person may refuse entry (1) An authorised person may refuse entry to a pool facility to a child if the child is–– (a) under the minimum age; and (b) not accompanied by an adult. (2) An authorised person may also refuse a person entry to a pool facility if the authorised person believes on reasonable grounds that— (a) the person has committed, or is likely to commit, an offence against this Act; or (b) the person has contravened, or is likely to contravene a condition of entry to the pool facility; or

Part 5 Refusing entry and removal powers Section 27 page 26 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) admitting the person will be inconsistent with a standard. Example––par (c) pool or occupancy loading exceeded Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (3) An authorised person may only refuse entry to a person under subsection (2) (b) or (c) if the conditions of entry or standard, and grounds for exclusion for contravening those conditions or to meet a standard, are displayed or made available at the entry of the pool facility. (4) In this section: minimum age means the minimum age mentioned in a standard determined under section 15 (Conditions of entry and removal). standard means a standard determined under division 3.2. 27 Authorised person’s directions (1) This section applies if an authorised person believes on reasonable grounds that a person at a pool facility— (a) has committed, is committing or is about to commit an offence against this Act; or (b) has contravened, or is likely to contravene, a condition of entry to the pool facility. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised person may direct the person–– (a) as reasonably necessary for— (i) the good management of the pool facility; or

Refusing entry and removal powers Part 5 Section 28 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the safety and enjoyment of people at the pool facility; or (b) to immediately leave the pool facility. Examples––when direction to leave may be given 1 for drinking alcohol or smoking 2 for damaging infrastructure 3 for other behaviour that contravenes a condition of entry (3) For subsection (1) (b), an authorised person may only give a direction under subsection (2) (b) if the conditions of entry and grounds for removing a person for contravening those conditions are displayed or made available at the entry of the pool facility. (4) If an authorised person gives a direction under subsection (2) (b) to a person, the authorised person must tell the person that it is an offence to fail to comply with the direction. (5) A direction under subsection (2) (b) is effective whether or not the person paid an entry fee to the pool facility. 28 Authorised person’s direction––operational reasons (1) An authorised person may direct a person at any time to immediately leave a pool facility because the pool facility is required for a specific purpose. Example a pool facility is to be used for a school carnival or other event (2) If an authorised person directs a person to leave, the authorised person must tell the person that it is an offence to fail to comply with the direction. (3) A direction under subsection (1) is effective whether or not the person paid an entry fee to the pool facility. (4) However, unless a sign is displayed at the entry of the pool facility stating that the facility will be closed for a specific purpose, the person who is directed to leave under subsection (1) is entitled to a full refund of the person’s entry fee.

Part 5 Refusing entry and removal powers Section 29 page 28 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Disability––assistance animals (1) This section applies to a person if the person is accompanied by an assistance animal. (2) The animal may enter and remain at a pool facility only if the animal is accompanying the person. (3) The person must not cause or allow the animal to enter or remain in a pool. (4) If an animal enters a pool, an authorised person may direct the person to remove the animal from the pool. (5) If the person fails to comply with a direction under subsection (4), the authorised person may direct the person to immediately leave the pool facility. (6) An authorised person may only give a direction under subsection (5) if the conditions of entry in subsections (2) and (3), and the effect of contravening those conditions, are displayed or made available at the entry of the pool facility. (7) If an authorised person gives a direction under subsection (5) to a person, the authorised person must tell the person that it is an offence to fail to comply with the direction. (8) A direction under subsection (5) is effective whether or not the person paid an entry fee to the pool facility. (9) In this section: accompanied by an assistance animal—a person is accompanied by an assistance animal if the person— (a) is a person with disability and is accompanied by an assistance animal that is assisting the person to alleviate the effect of the disability; or (b) is an assistance animal trainer and is accompanied by an animal that is being trained as an assistance animal; or

Refusing entry and removal powers Part 5 Section 30 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) is an assistance animal assessor and is accompanied by an animal that is being assessed as an assistance animal. assistance animal assessor—see the Domestic Animals Act 2000, section 94. assistance animal trainer—see the Domestic Animals Act 2000, section 94. 30 Offence—fail to comply with direction (1) A person commits an offence if the person— (a) is subject to a direction to leave under section 27 (2) (b), section 28 (1) or section 29 (5); and (b) fails to comply with the direction. Maximum penalty: 10 penalty units. Note Fail includes refuse (see Legislation Act, dict, pt 1). (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if, before giving the direction, the authorised person did not warn the person that failure to comply with the direction is an offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) If a person commits an offence under subsection (1), a police officer or licensed security guard may use such force as is reasonably necessary to— (a) apprehend and detain the person; or (b) remove the person from, or stop the person from re-entering, the pool facility.

Part 5 Refusing entry and removal powers Section 30 page 30 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) A police officer or licensed security guard exercising powers under subsection (4) may act with such assistance as is reasonably necessary from an authorised person. (6) A person must not be detained under subsection (4) (a) for longer than is reasonably necessary to remove the person from the pool facility.

Offences Part 6 Section 31 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Offences 31 Infections (1) A person commits an offence if the person–– (a) is suffering from a skin, gastrointestinal or other infection that is communicable in or around water; and (b) enters or remains at a pool facility. Maximum penalty: 5 penalty units. (2) This section does not apply if the person has a medical certificate or report from a doctor stating that the person is not a health risk to other people at the pool facility. 32 Smoking prohibited (1) A person commits an offence if the person smokes in a pool facility. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply if the pool facility has no signage indicating that the facility is smoke-free. 33 Consumption of liquor (1) A person commits an offence if the person–– (a) is at a pool facility; and (b) consumes liquor or low-alcohol liquor. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence.

Part 6 Offences Section 34 page 32 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 34 Possession of liquor (1) A person commits an offence if the person–– (a) is at a pool facility; and (b) possesses liquor or low-alcohol liquor. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. 35 Graffiti etc (1) A person commits an offence if the person–– (a) marks any part of a pool facility; and (b) is not authorised to mark the pool facility by the operator of the pool facility. Maximum penalty: 5 penalty units. (2) In this section: mark means write on, draw on or paint. 36 Damaging infrastructure (1) A person commits an offence if the person–– (a) is at a pool facility; and (b) engages in conduct that damages or interferes with any infrastructure of the pool facility; and (c) is reckless about whether the conduct is likely to damage or interfere with any infrastructure of the pool facility; and (d) is not authorised by the operator of the pool facility to engage in the conduct. Maximum penalty: 10 penalty units.

Offences Part 6 Section 36 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In this section: infrastructure includes a lock, valve, tap, pipework, machinery, apparatus, furniture, fittings, showers, toilets or changing rooms.

Part 7 Enforcement Division 7.1 Inspectors and identity cards Section 37 page 34 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Enforcement Division 7.1 Inspectors and identity cards 37 Inspectors (1) The director-general may appoint a public servant as an inspector for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) Also, a police officer is an inspector for this Act. 38 Identity cards (1) This section applies in relation to an inspector appointed under section 37 (1). (2) The director-general must give an inspector an identity card stating the person’s name and that the person is an inspector. (3) The identity card must show— (a) a recent photograph of the inspector; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (4) A person commits an offence if the person— (a) stops being an inspector; and (b) does not return the person’s identity card to the director-general as soon as practicable, but not later than 7 days, after the day the person stops being an inspector. Maximum penalty: 1 penalty unit.

Enforcement Part 7 Powers of inspectors Division 7.2 Section 39 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) Subsection (4) does not apply to a person if the person’s identity card has been— (a) lost or stolen; or (b) destroyed by someone else. Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58). (6) An offence against this section is a strict liability offence. 39 Power not to be exercised before identity card shown (1) This section applies in relation to an inspector appointed under section 37 (1). (2) The inspector may exercise a power under this Act in relation to a person only if the inspector first shows the person the inspector’s identity card. Division 7.2 Powers of inspectors 40 Power to enter pool facility (1) For this Act, an inspector may— (a) for a category 1 facility–– (i) enter a pool facility in accordance with a facility management agreement for the facility; or (ii) if the facility management agreement does not provide for powers of entry to a pool facility––enter the pool facility at any time; or (b) in any other case–– (i) during the stated period, enter a pool facility that the public is entitled to use or that is open to the public (whether or not on payment of money); or

Part 7 Enforcement Division 7.2 Powers of inspectors Section 41 page 36 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) at any time, enter a pool facility with the consent of the operator of the pool facility; or (iii) at any time, enter a pool facility if the inspector believes on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the pool facility is necessary. (2) However, subsection (1) (b) (i) does not authorise entry into a part of the pool facility that is being used only for residential purposes. (3) An inspector may, without the consent of the operator, enter land around the pool facility to ask for consent to enter the pool facility. (4) To remove any doubt, an inspector may enter the pool facility under subsection (1) without payment of an entry fee or other charge. (5) In this section: stated period means the period from Monday to Saturday between 8.00 am and 6.00 pm. 41 Production of identity card (1) An inspector must not remain at a pool facility entered under this part if the inspector does not produce the inspector’s identity card when asked by the operator of the pool facility. (2) A police officer must not remain at a pool facility entered under this part if the officer does not produce evidence that the officer is a police officer when asked by the operator of the pool facility. 42 Consent to entry (1) When seeking the consent of an operator of a pool facility to enter the pool facility under section 40 (1) (b) (ii), an inspector must— (a) either— (i) for an inspector appointed under section 37 (1)—produce the inspector’s identity card; or

Enforcement Part 7 Powers of inspectors Division 7.2 Section 42 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) for a police officer—produce evidence that the person is a police officer; and (b) tell the operator— (i) the purpose of the entry; and (ii) that anything found under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the operator of a pool facility consents, the inspector must ask the operator to sign a written acknowledgment (an acknowledgment of consent)— (a) that the operator was told— (i) the purpose of the entry; and (ii) that anything found under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the operator consented to the entry; and (c) stating the time and date when consent was given. (3) If the operator of a pool facility signs an acknowledgment of consent, the inspector must as soon as practicable give a copy to the operator. Note For how documents may be given, see the Legislation Act, pt 19.5. (4) A court must find that the operator of a pool facility did not consent to an inspector entering the pool facility under this part if— (a) the question arises in a proceeding in the court whether the operator consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the operator consented to the entry.

Part 7 Enforcement Division 7.2 Powers of inspectors Section 43 page 38 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 43 Advance notification and consent to entry (1) An inspector may seek the advance consent of an operator of a pool facility to enter the pool facility. (2) When seeking the advance consent of the operator to enter the pool facility, an inspector must notify the operator, in writing— (a) either–– (i) for an inspector appointed under section 37 (1)––giving a copy of the inspector’s identity card; or (ii) for a police officer—providing evidence that the person is a police officer; and (b) stating— (i) the proposed time and day when the entry would be made; and (ii) the purpose of the entry; and (iii) that anything found under this part may be used in evidence in court; and (iv) that consent may be refused; and (c) asking the operator to— (i) sign the acknowledgment of advance consent if the operator consents to the entry; and (ii) return the acknowledgment of advance consent to the inspector. (3) If the operator of the pool facility signs and returns the acknowledgment of advance consent, the inspector must— (a) enter the pool facility at the proposed time and day mentioned in subsection (2); and

Enforcement Part 7 Powers of inspectors Division 7.2 Section 43 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) when entering the pool facility— (i) either–– (A) for an inspector appointed under section 37 (1)— produce the inspector’s identity card; or (B) for a police officer—produce evidence that the person is a police officer; and (ii) produce the acknowledgment of advance consent; and (iii) give the operator a copy of the acknowledgment of advance consent. (4) In this section: acknowledgment of advance consent means a written statement signed by the operator of a pool facility stating the following: (a) that the operator was told— (i) the proposed time and day when the entry would be made; and (ii) the purpose of the entry; and (iii) that anything found under this part may be used in evidence in court; and (iv) that consent may be refused; (b) that the operator consents in advance to the entry at the proposed time and day; (c) the time and day when the advance consent was given.

Part 7 Enforcement Division 7.2 Powers of inspectors Section 44 page 40 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44 General powers on entry to pool facility (1) An inspector who enters a pool facility under this part may, for this Act, do 1 or more of the following in relation to the pool facility or anything at the pool facility: (a) inspect or examine; (b) inspect and copy, or take an extract from, any document at the pool facility; Note Document––see the Legislation Act, dictionary, pt 1. (c) take measurements or conduct tests; (d) take samples; (e) take photographs, films or audio, video or other recordings; (f) require the operator of the pool facility to give information, answer questions, or produce documents or anything else, reasonably needed to exercise the inspector’s powers under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (f). Maximum penalty: 20 penalty units. 45 Other powers (1) An inspector may, by written notice, require the operator of a pool facility to give information, answer questions, or produce documents or anything else, reasonably needed to exercise the inspector’s powers under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Enforcement Part 7 Miscellaneous Division 7.3 Section 46 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person must take reasonable steps to comply with a requirement made of the person under subsection (1). Maximum penalty: 20 penalty units. Division 7.3 Miscellaneous 46 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an inspector must take all reasonable steps to ensure that the inspector causes as little inconvenience, detriment and damage as practicable. (2) If an inspector damages anything in the exercise or purported exercise of a function under this part, the inspector must give written notice of the particulars of the damage to–– (a) for an asset owned by the Territory––the operator of the pool facility; or (b) in any other case––the person the inspector believes on reasonable grounds is the owner of, or the person responsible for, the thing. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The notice must state that— (a) the person may claim compensation from the Territory if the person suffers loss or expense because of the damage; and (b) compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction; and (c) the court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) If the damage happens at a pool facility entered under this part in the absence of the operator of the pool facility, the notice may be given by leaving it, secured conspicuously, at the pool facility.

Part 7 Enforcement Division 7.4 Auditing and compliance Section 47 page 42 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 47 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an inspector. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. Division 7.4 Auditing and compliance 48 Appointment of auditor (1) The director-general may appoint a suitably qualified person to conduct an audit of a pool facility (an auditor) in relation to water safety measures at the premises. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Enforcement Part 7 Auditing and compliance Division 7.4 Section 48 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The operator of the pool facility being audited must–– (a) comply with the reasonable requirements of the auditor; and (b) allow the auditor access to the premises and information reasonably required to conduct the audit; and (c) pay any fee for the audit that is payable to the auditor. (3) The auditor must provide a written report to the director-general and the operator of the pool facility audited, within the time set by the director-general.

Part 8 Notification and review of decisions Section 49 page 44 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Notification and review of decisions 49 Meaning of reviewable decision––pt 8 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 50 Reviewable decision notices If the director-general makes a reviewable decision, the director-general must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 51 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 9 Section 52 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Miscellaneous 52 Liability for loss of, or damage to, property (1) No action lies against the Territory by reason of the loss of, or damage to, property occurring in any pool facility. (2) No action lies against the operator of, or an employee of the operator at, any pool facility by reason of the loss of, or damage to, property occurring in the pool facility as a result of an act or omission of the operator or the employee in the course of the operator exercising the operator’s functions, or the employee’s employment. 53 Protection from liability (1) A public servant exercising a function under this Act does not incur civil liability for an act or omission done honestly and without recklessness for this Act. (2) Any civil liability that would, apart from this section, attach to a public servant attaches instead to the Territory. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 54 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 55 Exemption from fees (1) The Minister may exempt a pool facility from the application of any fees determined under section 54. (2) An exemption is a disallowable instrument.

Part 9 Miscellaneous Section 56 page 46 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 56 Statutory instruments––application etc of other laws or instruments (1) A statutory instrument under this Act may apply, adopt or incorporate a law of another jurisdiction or an instrument, as in force from time to time. Example––incorporated instrument Royal Life Saving Society–Australia guidelines or standards in relation to–– • qualifications, skills or training for lifeguards or coaches • water safety initiatives • signage Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). (2) The Legislation Act, section 47 (6) does not apply in relation to an AS, AS/NZS or international standard applied, adopted or incorporated under subsection (1). Note An AS, AS/NZS or international standard does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). An AS, AS/NZS or international standard may be purchased at www.standards.org.au. 58 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

Miscellaneous Part 9 Section 59 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 59 Regulations––first-aid equipment and facilities A regulation may make provision in relation to the following: (a) the minimum requirements for first-aid equipment and facilities; (b) the pool facilities that must comply with first-aid equipment and facilities requirements; (c) design specifications for first-aid facilities. Examples––par (a) • first-aid kit • rescue and resuscitation equipment • spinal boards and extrication collars • disposable bandages, swabs, hygiene items • stretchers, blankets, pillows Examples––par (c) • dedicated room • washing facilities • washable floors • storage requirements Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Schedule 1 Reviewable decisions page 48 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 8) column 1 item column 2 section column 3 decision column 4 entity 1 20 (2) issue maintenance direction person directed 2 23 (3) refuse to cancel emergency closure order person ordered

Dictionary R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • Act • adult • AS (see s 164 (1)) • AS/NZS (see s 164 (2)) • Australian Standard (see s 164 (1)) • child • Commonwealth • director-general (see s 163) • disallowable instrument (see s 9) • document • magistrate • police officer • public servant • State • statutory instrument (see s 13) • the Territory. assistance animal—see the Discrimination Act 1991, section 5AA (3). authorised person, in relation to a pool facility, for part 5 (Refusing entry and removal powers)—see section 25 (1). category 1 facility––see section 7. condition of entry means a condition of entry included in a standard determined under section 15. emergency closure order––see section 21.

Dictionary page 50 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au facility management agreement means a contractual arrangement with the Territory for the management of a pool facility. inspector means an inspector mentioned in section 37. law of another jurisdiction—see the Legislation Act, section 47 (10). licensed security guard, for part 5 (Refusing entry and removal powers)––see section 25 (1). liquor––see the Liquor Act 2010, section 11. low-alcohol liquor––see the Liquor Act 2010, dictionary. maintenance direction––see section 20 (2). operator, of a pool facility––see section 8. pool––see section 9. pool facility––see section 10. pool fee guidelines––see section 17. premises includes land, structure, vehicle or boat. prohibited article––see section 18. reviewable decision, for part 8 (Notification and review of decisions)––see section 49.

Endnotes About the endnotes 1 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 52 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Public Pools Act 2015 A2015-7 notified LR 31 March 2015 s 1, s 2 commenced 31 March 2015 (LA s 75 (1)) remainder commenced 1 July 2015 (s 2 and CN2015-8) as amended by Animal Welfare Legislation Amendment Act 2019 A2019-35 pt 11 notified LR 10 October 2019 s 1, s 2 commenced 10 October 2019 (LA s 75 (1)) pt 11 commenced 10 April 2020 (s 2 (2)) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.49 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.49 commenced 23 June 2021 (s 2 (1)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.140 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.140 commenced 26 December 2025 (s 2 (7))

Endnotes Amendment history 4 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Exemption of pool facility or person from Act s 11 am A2025-29 amdt 4.141 Qualifications, skills and training s 12 am A2025-29 amdt 4.141 Operations and management––Ministerial standards s 13 am A2025-29 amdt 4.141 Operational matters s 14 am A2025-29 amdt 4.141 Conditions of entry and removal s 15 am A2025-29 amdt 4.141 Signs s 16 am A2025-29 amdt 4.141 Pool fees and guidelines––category 1 facilities s 17 am A2025-29 amdt 4.141 Declaration of prohibited articles s 19 am A2025-29 amdt 4.141 Pool facility not maintained s 20 am A2025-29 amdt 4.141 Disability—assistance animals s 29 am A2019-35 ss 140-142 Reviewable decision notices s 50 am A2025-29 amdt 4.141 Applications for review s 51 am A2025-29 amdt 4.141 Determination of fees s 54 am A2025-29 amdt 4.141 Exemption from fees s 55 am A2025-29 amdt 4.141 Statutory instruments––application etc of other laws or instruments s 56 am A2025-29 amdt 4.141 Approved Forms s 57 om A2021-12 amdt 3.160 Regulation-making power s 58 am A2025-29 amdt 4.141

Endnotes 4 Amendment history page 54 Public Pools Act 2015 Effective: 26/12/25 R5 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Repeals and consequential amendments pt 10 hdg om LA s 89 (3) Legislation repealed s 60 om LA s 89 (3) Legislation amended––sch 2 s 61 om LA s 89 (3) Transitional pt 20 hdg exp 1 July 2017 (s 203) Meaning of commencement day—pt 20 s 200 exp 1 July 2017 (s 203) Facility management agreements s 201 exp 1 July 2017 (s 203) Transitional regulations s 202 exp 1 July 2017 (s 203) Expiry—pt 20 s 203 exp 1 July 2017 (s 203) Consequential amendments sch 2 om LA s 89 (3) Dictionary dict def assistance animal sub A2019-35 s 143

Endnotes Earlier republications 5 R5 26/12/25 Public Pools Act 2015 Effective: 26/12/25 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 July 2015 1 July 2015- 1 July 2017 not amended new Act R2 2 July 2017 2 July 2017- 9 April 2020 not amended expiry of transitional provisions (pt 20) R3 10 April 2020 10 April 2020- 22 June 2021 A2019-35 amendments by A2019-35 R4 23 June 2021 23 June 2021– 25 Dec 2025 A2021-12 amendments by A2021-12 © Australian Capital Territory 2025

Category 1 facility: the Act applies only to pool facilities that are owned by the Territory and open to or used by the public; a facility managed under a facility management agreement is included (s 7). This ownership criterion determines the Act’s reach; private or non‑Territory pools are outside its operation unless regulations or agreements bring them within scope.

Operator: defined broadly as the person managing or controlling the pool facility, whether alone or with others, including those managing under a facility management agreement and any person prescribed by regulation (s 8). The Act allows regulations to exclude classes of persons from the definition (s 8(1)(c)). Where more than one operator exists, compliance is satisfied if any operator performs the required functions and notices can be given to any one of them (s 8(2)).

Pool and pool facility: pool means an artificial structure or vessel capable of being filled with water used for recreational water activity, not including bath tubs or other vessels prescribed by regulation (s 9). Pool facility includes one or more pools and associated plant, concourse, toilets, change rooms, lighting, fences, administration premises and other necessary structures, but excludes non‑pool areas of a gymnasium and facilities prescribed by regulation (s 10).

Standards and determinations: the Act separates standard‑making across two offices. The Minister may determine standards relating to the operation or management of a pool facility (s 13). The director‑general may determine standards for operational matters (occupancy loading, pool loading, safety initiatives, mandatory equipment, signage, record keeping) and for conditions of entry and removal (s 14, s 15, s 16). Determinations can incorporate external standards (AS, AS/NZS, international standards, or guidelines such as from Royal Life Saving Society) by application, adoption or incorporation, as permitted by s 56.

Notifiable and disallowable instruments: many determinations are notifiable instruments (s 12(3), s 14(3), s 15(3), s 16(3), s 17(5)), meaning they are published and notified. Ministerial standards and fee determinations are disallowable instruments in some instances (s 13(4), s 54(2)). The Act therefore creates different parliamentary oversight tracks for different instruments, with implications for legislative scrutiny.

Maintenance directions and emergency closures: the director‑general may issue maintenance directions where an operator is not maintaining the facility and the failure causes undue risk; maintenance directions must be in writing and include the required work and a compliance date at least one month after issuance (s 20). If maintenance directions are not complied with or immediate risk exists, the director‑general may issue an emergency closure order (s 21). Emergency closure orders must be notified to the operator and the operator can apply for cancellation within seven days (s 21(2); s 23). Compensation for closure can be sought from the Minister, who decides and notifies the applicant (s 24).

Inspection and enforcement powers: inspectors appointed by the director‑general and police officers can enter pools under defined conditions (s 37, s 40). Inspectors must produce identity cards and are constrained by consent and acknowledgement procedures (s 38, s 39, s 42, s 43). On entry, inspectors may inspect, copy documents, take measurements and samples, take photographs and require information (s 44). Inspectors may also issue written notices requiring information (s 45). An operator must take reasonable steps to comply with requirements from inspectors and auditors; penalties attach to non‑compliance for some requirements (s 44(2), s 45(2), s 48(2)).

Authorised persons and removal powers: authorised persons (operator, employees, licensed security guards) may refuse entry to children under the minimum age unless accompanied by an adult, and may refuse entry or direct persons to leave if they have committed or are likely to commit offences or contravene conditions of entry, provided the conditions are displayed at entry (s 25, s 26, s 27). Failure to comply with directions to leave is an offence and is strict liability where the proper warnings have been given or the conditions displayed as required (s 30).

Offences and penalties: the Act lists offences for public health and conduct (e.g. entering while suffering a communicable infection (s 31), smoking (s 32), consuming or possessing liquor (s 33, s 34), graffiti (s 35), damaging infrastructure (s 36)). Maximum penalties are set in penalty units and specific offences are identified as strict liability where noted.

Compensation and liability: the Act provides limited compensation routes for operators affected by closure orders (s 24) and for people who suffer loss through the exercise or purported exercise of inspector functions (s 47). It also restricts actions against the Territory and operators for loss of or damage to property occurring in any pool facility (s 52) and protects public servants from civil liability for acts honestly and without recklessness, with liability transferring to the Territory (s 53).

Regulatory scope and cross‑references: the Act cross‑references and permits the incorporation of external standards and laws, including the Working With Vulnerable People (Background Checking) Act 2011 for training checks (s 12(2)(c)), the Liquor Act for definitions of liquor and low‑alcohol liquor (dictionary), the Domestic Animals Act for assistance animal defined terms (s 29), the Security Industry Act for licensed security guard definition (s 25), and the Legislation Act for instrument and standard treatments (s 56). Regulations under the Act may create further offences and prescribe first‑aid requirements (s 58, s 59).

Operators and facility managers: the primary regulatory burden falls on operators of Territory‑owned pool facilities (category 1 facilities). The operator definition is expansive and includes those managing under facility management agreements (s 8; s 7). Operators must comply with determinations on qualifications and training (s 12), operational standards and conditions of entry (s 14, s 15), signage requirements (s 16), pool fee guidelines where applicable (s 17), maintenance directions (s 20), emergency closure orders (s 21), audits (s 48) and requirements to provide information and documents to inspectors (s 44, s 45). Operators may also be required to pay audit fees and to comply with standards that set mandatory equipment or record‑keeping obligations (s 48(2)(c); s 14(1)(h), s 14(1)(j)).

Territory and its agencies: the Territory, acting through the Minister and the director‑general, gains rule‑making, enforcement and compensation discretion. The director‑general may issue maintenance directions and standards and appoint inspectors and auditors (s 12, s 14, s 20, s 37, s 48). The Minister may set operational standards (s 13), determine fees and exemptions (s 54, s 55) and decide compensation for inappropriate closures (s 24). The Territory also absorbs civil liability that would otherwise attach to public servants under s 53, and is the entity from which compensation for inspector damage can be claimed (s 47).

Inspections and enforcement personnel: public servants appointed as inspectors and police officers (inspectors by operation of law) are given specific investigative powers, identity card procedures and limits on conduct (s 37 to s 46). Licensed security guards engaged by operators act as authorised persons under part 5 and may be involved in refusing entry and enforcing directions (s 25; dictionary). The Security Industry Act interplay matters for persons holding crowd control licences (s 25).

Patrons and the general public: individuals who use pools are directly affected by conditions of entry, behaviour rules, and offences for smoking, alcohol consumption and possession, and entering while suffering communicable infections (s 15; s 32 to s 34; s 31). Assistance animal users are specifically addressed; assistance animals may accompany a person provided they do not enter the pool, the person remains accompanied by the animal and the conditions are displayed at entry (s 29). Children are affected by minimum age rules for unsupervised entry, where standards set the minimum age (s 26).

Third parties and contractors: auditors, trainers, contractors performing pool maintenance and those supplying equipment or signage may be affected by statutory requirements for qualifications, record keeping and procurement. The director‑general may adopt or incorporate external standards and guidelines, which can determine the qualifications and competencies required for staff and contractors (s 12; s 56). Facility management agreement terms matter because they can define operator powers and the scope of inspector entry (s 7; s 40(1)(a)).

Legal and dispute resolution actors: parties with review rights,operators and any persons whose interests are affected,can apply to the ACT Civil and Administrative Tribunal (ACAT) for review of reviewable decisions, such as the issue of a maintenance direction and refusal to cancel an emergency closure order (s 49, s 50, sch 1). Courts may hear compensation claims related to inspector damage or closure compensation under the Act (s 24, s 47).

Businesses and community groups: groups that hire or use pool facilities for events, swimming schools, coaching, spectator activities and community memberships are affected by fee guidelines and standards governing combined memberships, exclusive hire, spectator entry and fees for lessons or coaching (s 17(4)(d) to (f)). The Act allows fee differentials by activity and patron category and empowers the Minister to issue fee determinations or guidelines (s 17, s 54).

Insurance and risk managers: the Act shifts some risk to the Territory and limits certain private claims (s 52, s 53), but operators remain subject to obligations that may affect insurance requirements, such as compliance with standards, maintenance directions and audit outcomes. Operators face offences, potential penalties in penalty units and reputational and financial consequences from closures or enforcement action.

Community safety and advocacy groups: the Act gives the director‑general and the Minister decision‑making power to impose safety standards and closures, and to incorporate external standards; therefore groups focused on safety, public health and vulnerable people may be engaged in consultation for standard determinations and may make submissions during the determination process (s 13(2), s 14(2)).

Overall distribution of effect: the Act places regulatory costs and compliance duties primarily on operators of Territory‑owned pools, gives the Territory administrative control over operational and safety standards, and creates enforcement and review mechanisms impacting patrons, staff, third parties and service providers. The Act also constrains private legal claims in certain respects while providing discrete compensation and review avenues.

Operator duties

Comply with maintenance directions issued by the director‑general where the operator is found not to maintain the facility in good repair and the failure causes undue risk (s 20). Maintenance directions must be complied with by a day at least one month after the direction is given (s 20(3)(b)).
Comply with operational standards, conditions of entry, signage, mandatory equipment and record keeping as determined by the director‑general and Minister (s 13 to s 16).
Allow auditors appointed by the director‑general access to premises and information, comply with reasonable requirements of auditors and pay audit fees (s 48(2)).
Give information, answer questions and produce documents or things reasonably needed by inspectors when required, and take reasonable steps to comply with written notices from inspectors (s 44(1)(f), s 45(1) and (2)).
Display conditions of entry and grounds for exclusion at the entry to the pool facility where exclusion or removal might be used (s 26(3), s 27(3), s 29(6)). Failure to display may render refusal or removal powers unenforceable under the Act.

Director‑general powers and duties

Determine minimum qualifications, skills and training requirements for operators and staff, including ongoing professional development and record keeping, and to apply relevant background checking requirements (s 12).
Determine operational standards (occupancy and pool loading, water safety initiatives, safety rules, supervision rules, mandatory equipment, signage and record keeping), subject to consultation and invitation for written submissions (s 14(1) and (2)).
Issue maintenance directions where pools are not maintained and safety is at risk, and issue emergency closure orders where necessary to prevent or reduce undue risk (s 20 to s 21).
Appoint inspectors and auditors and issue identity cards for inspectors, with obligations to limit inconvenience and damage during enforcement functions (s 37, s 38, s 46, s 48).

Minister powers and duties

Determine standards in relation to the operation or management of pool facilities, after consultation and consideration of submissions (s 13).
Determine fees under the Act and issue pool fee guidelines; exempt facilities from fees and decide compensation applications arising from closure orders (s 17, s 24, s 54, s 55).
Make, vary or revoke disallowable instruments and exemptions; exemptions must take account of criteria prescribed by regulation and may be conditional (s 11).

Inspectors’ and police powers and limitations

Inspectors and police may enter pool facilities under defined circumstances (s 40), inspect, copy documents, take samples and recordings (s 44), and require information or documents (s 44, s 45).
Inspectors must produce identity cards prior to exercising powers and must not remain on premises if they cannot produce the identity card upon request (s 38, s 39, s 41).
Entry with consent requires producing identity or police evidence, telling the operator the purpose and that anything found may be used in evidence, and seeking signed acknowledgements; absence of a written acknowledgment shifts evidentiary weight to a finding of no consent (s 42(1) to (4)).
Inspectors must take reasonable steps to minimise inconvenience, detriment and damage and must give notice if damage occurs, including the right to claim compensation from the Territory (s 46, s 47).

Authorised persons and removal powers

Authorised persons (operator, employees, licensed security guards) may refuse entry to under‑age children not accompanied by adults, refuse entry or remove persons believed on reasonable grounds to have committed or be likely to commit offences under the Act, or to contravene conditions of entry, provided conditions and grounds are displayed at the entry (s 25 to s 27).
An authorised person may direct a person to immediately leave for operational reasons such as reserved use or events, and must notify patrons of a right to refund where closure for specific purpose is not signposted at the entry (s 28).
Directions to leave must be prefaced by a warning that failure to comply is an offence or else provide a statutory defence for the person (s 27(4), s 30(3)).

Patron rights and obligations

Patrons must not enter if suffering a communicable skin, gastrointestinal or other infection without a doctor’s certificate clearing them as not a health risk (s 31).
Patrons must comply with smoke‑free signage prohibitions and alcohol consumption and possession restrictions (s 32 to s 34). These offences are strict liability where specified.
Patrons with assistance animals may bring the animal provided the animal does not enter the pool and the person remains accompanied; authorised persons can remove animals from pools and remove the person if they fail to remove the animal as directed, but such directions must be displayed at entry to be enforceable (s 29).
Patrons directed to leave who fail to comply commit an offence of up to 10 penalty units, and police or licensed security guards may use reasonable force to apprehend, detain or remove the person (s 30).

Review and compensation rights

The person directed under a maintenance direction and the person ordered under an emergency closure order have review rights to ACAT for reviewable decisions specified in schedule 1 (s 49, s 50, sch 1).
An operator or person affected by a maintenance direction or emergency closure may apply in writing to the Minister for compensation where they consider there were insufficient grounds for the direction or order; the Minister decides and must notify in writing (s 24).
Persons suffering loss or expense due to inspectors’ exercise of functions may claim compensation from the Territory and pursue claims in court; the court has discretion and regulations may prescribe matters the court must consider (s 47).

Instrument and parliamentary oversight rights

Determinations and guidelines are notifiable instruments and some ministerial standards and fee determinations are disallowable instruments, giving Parliament the ability to scrutinise and disallow where relevant procedural requirements are invoked (s 12(3), s 13(4), s 14(3), s 15(3), s 16(3), s 17(5), s 54(2)).

Liability allocation

No action lies against the Territory for loss or damage to property occurring in any pool facility (s 52(1)), and no action lies against the operator for loss or damage to property occurring because of an act or omission of the operator or employee in the course of exercising functions (s 52(2)). Public servants are protected from civil liability for acts done honestly and without recklessness, with liability attaching to the Territory (s 53).

Penalty units and maximum fines

The Act specifies maximum penalties in penalty units for many offences. The republication notes the penalty unit values at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133 referenced in preface). Offences with specified maxima include failing to comply with an emergency closure order (50 penalty units) (s 22(1)); failure to comply with a direction to leave (10 penalty units) (s 30(1)); damage to infrastructure is a maximum of 10 penalty units (s 36(1)); graffiti and certain health and conduct offences carry maximums of 5 penalty units (s 31, s 32, s 33, s 34, s 35). Regulations may create offences up to 20 penalty units (s 58).

Strict liability offences

Several provisions explicitly convert certain offences to strict liability. For instance, failure to comply with an emergency closure order is a strict liability offence (s 22(2)). Failure to comply with a direction to leave is a strict liability offence (s 30(2)). Smoking in a pool facility (s 32(2)), consumption and possession of liquor at a pool facility (s 33(2), s 34(2)) are designated strict liability offences. The distinction affects available defences, and the Criminal Code principles referenced in s 5 apply for issues such as evidential and legal burdens.

Enforcement actors and tools

Inspectors and police: Inspectors appointed by the director‑general and police officers have powers to enter pool facilities under defined conditions (s 37, s 40). The Act prescribes procedures for producing identity cards and evidence of police status (s 38, s 39, s 41), and sets out consent and advance consent procedures for entry that require signed acknowledgments (s 42, s 43). Inspectors may inspect, copy documents, take measurements, take samples, take photos or recordings and require information or documents reasonably needed to exercise powers (s 44). Non‑compliance with reasonable steps to comply with an inspector’s information request attracts a maximum penalty of 20 penalty units (s 44(2)).
Authorised persons: Operators, employees and licensed security guards (authorised persons) have powers to refuse entry and to direct patrons to leave where grounds exist (s 25, s 26, s 27). Failure to comply with a direction to leave is an offence (s 30). Police officers or licensed security guards may use reasonable force to apprehend and detain or remove persons who fail to comply with a direction (s 30(4)). Any detention must not exceed reasonable duration to effect removal (s 30(6)).

Civil remedies and compensation

Compensation for pool closure: where a person subject to a maintenance direction or emergency closure order suffers loss or expense and considers there were insufficient grounds, the person may apply in writing to the Minister for compensation (s 24(2)). The Minister must decide whether to pay and notify the person (s 24(3)). Compensation is not payable where the person caused the circumstances leading to the direction or where the direction was given in good faith in accordance with the Act (s 24(5)). If the Minister does not decide within 28 days, the application is taken to have been refused (s 24(6)).
Compensation for inspector exercise: persons can claim compensation from the Territory for loss or expense caused by the exercise or purported exercise of inspector powers, and may bring a court proceeding; the court may order payment only if it is just in the circumstances (s 47). Regulations may prescribe matters the court should consider in deciding whether to award compensation (s 47(4)).

Limits on private suits and liability allocation

The Act bars actions against the Territory by reason of loss of or damage to property occurring in a pool facility (s 52(1)). It also bars actions against the operator or employees for loss or damage to property that occur as a result of an act or omission of the operator or employee in the course of exercising their functions or employment (s 52(2)). Public servants acting honestly and without recklessness are shielded from civil liability with any liability attaching to the Territory instead (s 53). These provisions change the legal avenues available to injured parties and shift exposure to the Territory in some circumstances.

Parliamentary oversight of instruments

Determinations by the Minister and the director‑general are notifiable or disallowable instruments (s 12(3), s 13(4), s 14(3), s 15(3), s 16(3)). Fee determinations and exemptions are disallowable instruments (s 54(2), s 55(2)). The legislative status affects how the instruments can be challenged and the degree of parliamentary scrutiny and oversight.

Procedural constraints on enforcement

Inspectors must produce identity cards and limit the inconvenience, detriment and damage caused by enforcement functions (s 38, s 39, s 46). Entry with consent requires full information to the operator and a signed acknowledgment; absence of the signed acknowledgment produces an evidentiary presumption that consent was not given (s 42(1) to (4)). These procedural protections constrain enforcement powers and affect admissibility and the legality of actions taken.

Interaction with other enforcement regimes

The Act cross‑references the Criminal Code for general principles of criminal responsibility and the Legislation Act for instrument treatment (s 5; s 56). Definitions of liquor and assistance animals reference other Acts (dictionary). Licensed security guards and limits on their powers are framed by the Security Industry Act for licence definitions (s 25). Those cross‑references integrate the pool enforcement regime with existing regulatory frameworks.

Legislation Act and instrument treatment

The Act relies on the Legislation Act for definitions, instrument treatment and notification and disallowance rules. The dictionary explicitly incorporates Legislation Act definitions such as ACAT, document, disallowable instrument, notifiable instrument and the Territory (dictionary; s 3 notes). Determinations and guidelines made under this Act are described as notifiable or disallowable instruments, with the Legislation Act governing publication and disallowance processes (s 12(3), s 13(4), s 14(3), s 15(3), s 16(3), s 17(5), s 54(2)). Section 56 specifically permits statutory instruments under this Act to apply, adopt or incorporate laws or instruments of another jurisdiction or instrument as in force from time to time, subject to the Legislation Act (s 56(1) to (2)). The effect is that the Act’s subordinate rules can embed external standards into the Territory’s regulatory regime, and the Legislation Act’s procedural norms will govern their publication and parliamentary oversight.

Criminal Code

The Act states that the Criminal Code, chapter 2 applies in relation to offences under the Act, and that the Code sets out general principles of criminal responsibility, including burdens of proof and defences (s 5 note 1). This establishes which criminal law doctrines apply to offences under the Act, and determines how strict liability designations interact with evidential and legal burdens under the Code.

Working With Vulnerable People and other cross‑statutory references

For staff qualifications and training, the director‑general may require compliance with requirements under the Working With Vulnerable People (Background Checking) Act 2011 (s 12(2)(c)). This creates an explicit cross‑compliance obligation linking pool staff to an established scheme for background checks.

Liquor and assistance animal regimes

The dictionary cross‑references the Liquor Act 2010 for definitions of liquor and low‑alcohol liquor, which are relevant to offences for consumption and possession at pool facilities (s 33, s 34; dictionary). Assistance animal definitions rely on the Discrimination Act 1991 and the Domestic Animals Act 2000 for roles such as assistance animal assessor and trainer, and inform the Act’s provisions on animals in pool facilities (s 29; dictionary). These connections mean that existing definitions and regimes under other statutes determine the scope of offences and exemptions under the Public Pools Act.

Security Industry Act and licensed security guards

The definition of “licensed security guard” in part 5 refers to licenses under the Security Industry Act 2003 that authorise crowd control (s 25(2)). This creates an interface where crowd control licences under the Security Industry Act enable persons to be authorised persons under this Act for purposes of refusing entry and the use of force provisions.

ACT Civil and Administrative Tribunal Act (ACAT)

Review mechanisms under part 8 reference ACAT review rights. The director‑general must give reviewable decision notices and specified entities or affected persons may apply to ACAT for review of the decisions listed in schedule 1, including maintenance directions and refusals to cancel emergency closure orders (s 49, s 50, s 51; sch 1). The ACAT Act’s procedural rules and judicial review doctrines therefore apply to these administrative decisions.

Regulations and Standards incorporation

Section 56 permits incorporation or adoption of external standards (including AS, AS/NZS or international standards) and provides that the Legislation Act’s s 47(6) does not apply in relation to AS/AS/NZS/international standards incorporated under the Act (s 56(1) to (2)). The Act gives the director‑general and Minister the ability to adopt, by reference, standards from bodies such as Royal Life Saving Society or Australian Standards, effectively absorbing external technical requirements without reciting them fully in the instrument.

Liability regimes and civil law

The Act reallocates civil liability in certain circumstances. Section 53 moves civil liability away from public servants acting honestly and without recklessness onto the Territory. Section 52 bars actions against the Territory or the operator in respect of loss or damage to property occurring in a pool facility, subject to the exceptions and compensation paths the Act provides. These provisions interact with general tort and contract law principles by narrowing avenues for private suits and directing some claims to statutory compensation mechanisms or to courts under constrained criteria.

Evidence and privilege

The inspector powers (s 44, s 45) are subject to statutory protections concerning privilege and self‑incrimination, with the Legislation Act sections 170 and 171 referenced in the notes to those provisions. Those cross‑references frame how information and documents required by inspectors interact with common law and statutory claims to privilege.

Security, police powers and criminal enforcement

Police officers are inspectors under the Act and their actions are subject to police powers and evidence rules. The Act’s consent, acknowledgment and notice rules apply to police acting under the Act (s 42, s 43). The interface with criminal law is explicit: enforcement actions that give rise to offences under the Act are treated as crimes under the Criminal Code’s principles (s 5).

Regulatory amendments and historical interplay

The amendment history in the endnotes records amendments such as the Animal Welfare Legislation Amendment Act 2019, the Statute Law Amendment Act 2021 and 2025 amending multiple sections (endnotes 3 and 4). These show that the Act has been revised to align with other statutory frameworks, for example assistance animal definitions and other administrative changes, emphasising the Act’s integration with evolving territory statutes.

In sum, the Act is embedded in and relies upon the Legislation Act for instrument handling, the Criminal Code for criminal responsibility, the Working With Vulnerable People regime for checks, the Liquor and Domestic Animals Acts for definitions, the Security Industry Act for security licensing, the ACAT Act for administrative review, and it permits incorporation of external standards. These interactions allocate technical detail to other regimes while centralising administrative control over Territory‑owned pools.

Legislative origins and commencement

The Public Pools Act 2015 was originally notified on 31 March 2015 and came into force in stages, with sections 1 and 2 commencing on 31 March 2015 and the remainder commencing on 1 July 2015 (legislation history, endnote 3). The original Act established the Territory’s statutory framework for public pools.

Subsequent amendment acts and dates

Animal Welfare Legislation Amendment Act 2019 (A2019‑35): Notified LR 10 October 2019, with parts of that Act commencing 10 April 2020; this amending instrument changed the assistance animal definition and related provisions (endnotes 3 and 4 indicate s 29 amended by A2019‑35 ss 140‑142 and dictionary amendment to assistance animal) (amendment history).
Statute Law Amendment Act 2021 (A2021‑12): Notified LR 9 June 2021; the schedule amendments commenced 23 June 2021. The 2021 amending Act made miscellaneous technical changes and removed an approved forms provision (endnotes 3 and 4).
Statute Law Amendment Act 2025 (A2025‑29): Notified LR 6 November 2025; certain provisions commenced on 26 December 2025. The 2025 Act amended multiple substantive sections including s 11 (exemption powers), s 12 (qualifications), s 13 (Ministerial standards), s 14 (operational matters), s 15 (conditions of entry and removal), s 16 (signs), s 17 (pool fees and guidelines), s 19 (declaration of prohibited articles), s 20 (maintenance directions), s 50 (reviewable decision notices), s 51 (applications for review), s 54 (determination of fees), s 55 (exemption from fees), s 56 (statutory instruments), and s 58 (regulation‑making power) (amendment history endnote 4). The amendment history indicates these sections were amended by A2025‑29 (sch 4 pt 4.140).

Nature of amendments

The amendments span policy and procedural updates. For example:
- s 11 (exemption of pool facility or person from Act) was amended in 2025 (A2025‑29 amdt 4.141), keeping the Minister’s power to grant exemptions but adding regulation criteria and conditionality perspectives where necessary (s 11).
- Qualifications, skills and training provisions have been adjusted to allow determinations by the director‑general (s 12), and the Act explicitly links those requirements to Working With Vulnerable People checks (s 12(2)(c)).
- Standards‑making powers for the Minister and director‑general have been clarified, including mandatory consultation and publication steps (s 13, s 14).
- Fee setting and exemption powers have been updated, with the Minister retaining the power to determine fees and issue guidelines, and with pool fee guidelines enumerating fee bases and notification approaches (s 17, s 54, s 55).
- The 2019 amendments addressed assistance animal definitions and interactions to align with the Domestic Animals Act and discrimination frameworks (s 29; dictionary change).

Instrument status and parliamentary oversight changes

The amendments clarified the instrument status for many determinations (notifiable versus disallowable) and the consultation obligations before determining standards, which bears on the degree of parliamentary oversight and stakeholder engagement (s 12(3), s 13(2) to (3), s 14(2) to (3)). The amendment history records that some determinations are disallowable instruments (s 13) and others notifiable, altering the path for parliamentary control.

Transitional and expiry provisions

Earlier versions included transitional provisions and an expiry (part 20) that expired 1 July 2017 (endnote 4 notes pt 20 expired). The republication shows those transitional elements are no longer in effect.

Editorial amendments

The republishes and the Legislation Act part 11.3 allow editorial amendments to align drafting with current practice; these are annotated in the republication notes and do not change substantive effect (preface notes).

Practical implications of amendment history

The amendment record shows iterative refinement rather than wholesale overhaul. The 2019 and 2025 amending Acts adjusted definitions and clarified administrative powers and obligations. For operators and stakeholders, the 2025 amendments in particular broadened the director‑general’s and Minister’s regulatory capacities and updated review notice procedures (s 50) and review rights (s 51), altering administrative practice. Those changes should be checked against the notifiable and disallowable instruments the director‑general or Minister issues, as such instruments can incorporate external standards and set operational detail.

Sources in the Act

The amendment history is recorded in the Act’s endnotes (endnotes 3 and 4). The Act’s schedule and dictionary reflect the consolidated form after amendments. Practitioners should consult the legislation register for the precise text of amending Acts and commencement notices where timing of various sections matters for compliance.

No judicial or tribunal decisions are named or recorded within the body of the Act. The Act itself specifies administrative review routes rather than recording appellate or judicial outcomes. The Act identifies two categories of reviewable decisions and the entities that may seek review:

Schedule 1 lists reviewable decisions and the entities entitled to review: issuance of a maintenance direction under s 20(2) is a reviewable decision with the person directed listed as the entity (sch 1, item 1); refusal to cancel an emergency closure order under s 23(3) is a reviewable decision with the person ordered listed as the entity (sch 1, item 2).

ACAT review rights and procedure

The Act provides that an entity mentioned in schedule 1 column 4 in relation to a decision, and any other person whose interests are affected by the decision, may apply to the ACT Civil and Administrative Tribunal (ACAT) for review of a reviewable decision (s 51). The director‑general must give reviewable decision notices to each entity mentioned in schedule 1 column 4 and take reasonable steps to notify other affected persons (s 50). The ACAT Act will apply its procedural rules and standards to reviews of maintenance directions and emergency closure order refusals.

Potential avenues for challenge and relief

The Act directs reviewable decisions into the ACAT framework, but it also contemplates civil claims in courts for compensation related to inspector damage (s 47) and allows compensation applications to the Minister for closure decisions (s 24). Courts can order compensation for inspector damage or purported exercise, and the Act permits offences to be the subject of compensation proceedings in court (s 47(2)(b)). The Act’s notes reference the Criminal Code and the Legislation Act for evidentiary and instrument treatment in proceedings (s 5 note; s 56 note). These procedural channels create multiple potential litigation pathways: administrative review before ACAT for the specified decisions, civil claims in court for compensation arising from inspector misconduct or damage, and potential judicial review in superior courts for questions of jurisdiction, procedural fairness or statutory interpretation where ACAT cannot provide relief.

No recorded case law within the Act

Because the Act text does not catalogue or summarise relevant case law or judicial outcomes, there is no litigation history printed in the Act itself. Practitioners seeking jurisprudence will need to search ACAT and court databases for decisions addressing maintenance directions, emergency closure orders, inspector entry and consent disputes, the scope of determinations under the Act, or compensation claims referred to in the Act.

Evidentiary and procedural features relevant to litigation

The Act builds in evidentiary protections and presumptions that may be focal points in any litigation: the consent and acknowledgment mechanisms for inspector entry where the absence of a written acknowledgement is treated by the Act as proof of no consent (s 42(4)); the requirement that inspectors produce identity cards and cannot remain without producing them (s 38, s 41); and the strict liability designations for certain offences. These procedural elements will be significant in any judicial or tribunal contest about the legality of entries, the admissibility of evidence gathered, and the validity of enforcement steps.

Practical research note

To establish litigation history in practice, search points include ACAT decisions relating to s 20 maintenance directions and s 23 emergency closure order refusals, Supreme Court or Magistrates Court decisions on compensation claims under s 24 and s 47, and any cases questioning the validity of notifiable or disallowable instruments under the Act. The Act’s endnotes provide amendment chronology to assist in locating decisions that relate to particular versions of the provisions.

Display and notification requirements as preconditions to enforcement

Several enforcement powers are conditional on information being displayed or made available at the entry to the pool facility. Authorised persons may only refuse entry or remove patrons for contravening conditions of entry if the conditions and grounds are displayed at the entry (s 26(3), s 27(3), s 29(6)). An operator that fails to display required conditions could find exclusion or removal actions rendered unenforceable under the Act. Similarly, a direction to leave must include a warning that failure to comply is an offence or the authorised person risks losing the statutory charge to prosecute under s 30(3).

Consent evidence traps for inspector entry

Inspectors seeking entry with consent must obtain a signed written acknowledgment from the operator and provide a copy promptly (s 42(2) to (3)). If the inspector cannot produce the acknowledgment in court, the Act directs that the court must find that the operator did not consent to the entry (s 42(4)). Practically, this means inspectors must be meticulous about obtaining and preserving signed acknowledgments; operators should insist on the written acknowledgment to preserve later challenges. Advance consent procedures (s 43) impose similar documentary steps. Absent the required signed instrument, evidence of consent may be excluded or its legality questioned.

Instrument status and parliamentary oversight

Distinguish notifiable instruments from disallowable instruments. Determinations by the director‑general are often notifiable instruments (s 12(3), s 14(3), s 15(3), s 16(3), s 17(5)), while some ministerial determinations are disallowable (s 13(4), s 54(2)). Disallowable instruments are subject to stronger parliamentary scrutiny and can be disallowed, which may cause abrupt changes to operational regimes. Operators and stakeholders should monitor both kinds of instruments closely; where a standard is embedded as a disallowable instrument it may be more politically contestable.

Timing constraints for maintenance directions and closure

Maintenance directions must give a compliance date at least one month after issuance (s 20(3)(b)). If the direction includes a stated closure period, the closure must start at least 60 days after the day the direction is given and be scheduled during off‑peak season as far as practicable (s 20(5)). Emergency closure orders, however, may be immediate when the director‑general believes on reasonable grounds immediate closure is necessary (s 21(1)(b)). Operators must distinguish between the two scenarios and act promptly to seek cancellation within seven days if opposing an emergency closure (s 23(1)). Missing the seven‑day window to apply for cancellation under s 23 risks losing an administrative remedy and increases the reliance on ACAT review rights later.

Compensation limitations and Ministerial discretion

Compensation for closures is subject to the Minister’s decision and is barred where the operator caused or contributed to the circumstances or the direction was given in good faith in accordance with the Act (s 24(4) to (5)). The Minister has 28 days to decide; failure to do so is taken as refusal (s 24(6)). Practically, operators should preserve evidence and seek interim measures promptly because the compensation path is discretionary and not an automatic remedy.

Liability shifts but not absolute immunity

Section 52 bars actions against the Territory for loss of or damage to property occurring in any pool facility and bars actions against operators for loss or damage resulting from their functions. Section 53 transfers civil liability from public servants to the Territory where acts are honest and non‑reckless. These provisions narrow typical civil routes, but do not eliminate all remedies; for instance, persons can still claim compensation under s 47 against the Territory for inspector damage, and courts retain discretion to award compensation where just. Operators and insurers should not assume absolute immunity and must assess exposure under other applicable laws and contract terms.

Strict liability and evidential burdens

Several offences are strict liability offences (for example s 22(2), s 30(2), s 32(2), s 33(2), s 34(2)), which reduces the prosecution’s burden and increases compliance risk for patrons and operators. Practitioners should be aware that strict liability increases the need for clear signage, policies and evidence to rebut allegations.

Audit fee and access obligations

Failure to facilitate audits can expose operators to penalties and to negative audit findings. The operator must comply with reasonable requirements of the auditor, allow access to premises and information and pay fees for audits (s 48(2)). Contractual facility management agreements should allocate responsibility for audit access and costs explicitly to avoid disputes.

Consent to removal and refunds for operational use

Directions to leave for operational reasons such as an event must be accompanied by clear signage at entry if the operator intends to close for a specific purpose and not refund fees; otherwise persons directed to leave are entitled to a full refund of the entry fee (s 28(4)). Operators who routinely schedule closures for events must ensure appropriate notice at points of entry to avoid refund obligations.

Inspector conduct and damage claims

Inspectors must minimise damage and inconvenience and must give written notice if damage occurs while exercising functions (s 46). Those notices must inform the person of their right to claim compensation from the Territory and potential court remedies (s 46(3)). Operators should preserve evidence of damage and follow the notice protocols strictly to preserve rights to compensation under s 47.

Definitions and scope surprises

Category 1 facility is limited to Territory‑owned facilities open to the public (s 7). Facilities in private ownership or state ownership are out of scope unless captured by regulation or included via facility management agreements. Operators and private contractors should confirm whether a pool is within the Act’s scope, as this determines compliance obligations, inspector rights and fee arrangements.

Record keeping obligations and data risk

Determinations may require record keeping about qualifications, skills and experience (s 12(2)(d); s 14(1)(j)). Operators should plan for secure record retention and data protection to meet those standards, and to defend against enforcement or review proceedings.

Cross‑statutory compliance traps

The Act cross‑references other laws such as the Liquor Act, the Working With Vulnerable People Act, the Security Industry Act and the Domestic Animals Act. Operators must not only comply with the Public Pools Act but also align conduct and policies with these other regimes, particularly where licences, training checks or definitions apply.

Governance and policy alignment

Identify whether the pool is a category 1 facility (Territory ownership and public use) under s 7. If it is, establish a compliance owner within your organisation responsible for tracking instruments issued by the Minister and director‑general, and for ensuring operational policy aligns with determinations and fee guidelines (s 12 to s 17). Monitor the Territory legislation register for notifiable and disallowable instruments referenced in the Act (s 12(3), s 13(4), s 14(3), s 15(3), s 16(3), s 17(5), s 54(2)).

Standards, determinations and incorporation of external standards

Review and implement standards determined by the director‑general and the Minister. Confirm whether external standards, Australian Standards or Royal Life Saving Society guidelines have been applied or incorporated under s 56. Adopt required signage, mandatory equipment, and record‑keeping protocols as set in those standards (s 14(1)(h), s 14(1)(i), s 14(1)(j), s 16).

Qualifications, training and background checks

Comply with minimum qualifications, skills and training requirements determined by the director‑general (s 12). Establish ongoing professional development programmes, keep records of qualifications and training (s 12(2)(b), s 12(2)(d)), and ensure staff subject to Working With Vulnerable People checks are processed in accordance with s 12(2)(c). Retain certificate copies and training logs to support audits and inspector inquiries.

Conditions of entry, signage and customer information

Ensure that conditions of entry and grounds for exclusion or removal are conspicuously displayed at each public entry point, including minimum age rules, smoking and alcohol prohibitions, assistance animal guidance and behaviour rules (s 15(2), s 26(3), s 27(3), s 29(6)). Where closures or operational uses (school carnivals, exclusive hire) are planned, post advance signage at the entry to avoid refund liabilities (s 28(4)). Keep updated sign templates that meet any construction and design requirements set under s 16.

Admissions and fee setting

If no fee determination under s 54 is in force, set fees in accordance with operator powers under s 17(2) and consider pool fee guidelines issued by the Minister (s 17(3)). Document the basis for fees (age, concessions, community membership, combined memberships, exclusive lane hire, lessons/coaching) as allowable in s 17(4)(a) to (i), and ensure notified methods of fee communication are followed (s 17(4)(g)).

Facility maintenance and maintenance direction readiness

Maintain the pool facility in good repair and condition to avoid maintenance directions under s 20. Implement a proactive maintenance plan, capital replacement schedules, and document maintenance works. If the director‑general issues a maintenance direction, the operator must comply by the specified date at least one month after the direction is given (s 20(3)(b)). If a stated closure period is included, note the statutory requirement that it start at least 60 days after issuance and be scheduled during off‑peak seasons as far as practicable (s 20(5)). Keep records of communications, maintenance budgets and contractor invoices to support any challenge or compensation claim.

Dealing with emergency closure orders

If an emergency closure order is issued, your operator should immediately consider whether to apply for cancellation within seven days under s 23(1). Prepare a written application stating reasons why the order should be cancelled and gather evidence of remediation or risk mitigation to present to the director‑general (s 23(1) to (3)). If seeking compensation under s 24, apply in writing and set out reasons, documenting loss and expense and causation.

Inspector and auditor cooperation

Prepare for inspector visits: verify staff can produce identity cards, maintain document and record availability, and have consent and acknowledgment processes in place for entry requests (s 38, s 39, s 42, s 43). Train staff on the procedural requirements for handling inspector entry, the need to sign acknowledgments where appropriate, and the consequences of not producing acknowledgment (s 42(4)). For audits, ensure access to premises and information and budget for audit fees, as auditors are appointed by the director‑general and the operator must comply and pay fees (s 48(2)).

Authorised person procedures and security

Ensure authorised persons (employees and any licensed security guards) are properly authorised, trained on the Act’s removal and refusal rules, and understand the display requirements for conditions of entry (s 25, s 26, s 27). Implement an incident documentation system that records the grounds for any refusal or removal, the display of conditions, and communications to patrons, to support enforcement and potential court or ACAT scrutiny.

Assistance animals, disability access and signage

Implement clear policies consistent with s 29: allow assistance animals to accompany eligible persons, ensure animals do not enter pools, and ensure the operator displays conditions related to assistance animals at entry (s 29). Align policies with definitions in the Domestic Animals Act and Discrimination Act cross‑references to avoid conflict and to ensure appropriate accommodations.

Record keeping, privacy and privilege issues

Keep robust contemporaneous records of staff qualifications, training, maintenance works, incident reports, communications with inspectors and auditors, signed acknowledgments of consent to entry, and any operational changes. Be mindful of privilege and self‑incrimination clauses referenced to the Legislation Act in the context of inspector demands for documents (s 44 note). Put in place data retention and privacy protections for personnel records and patron data.

Managing fees, refunds and bookings

If charging fees, document the fee regime against s 17 guidance. For exclusive hires and events, display future closures or booking conditions at entry to avoid obligated refunds under s 28(4). Ensure admission systems can issue refunds where required and retain records of bookings for audit and potential compensation queries.

Insurance, contractual allocation and facility management agreements

Given s 52 and s 53 adjustments to liability, review insurance policies and facility management agreements to ensure clarity on who bears costs for maintenance, audit fees, closure consequences and legal defence. Allocate responsibilities contractually for compliance with maintenance directions, audit fees and response to inspector requests, and ensure facility management agreements incorporate provisions addressing entry powers and compliance with the Act (s 7; s 40(1)(a)).

Engage with consultation processes

The Act mandates consultation and invitation for written submissions before the Minister or director‑general determines standards (s 13(2), s 14(2)). Operators should participate in consultations to shape standards responsively and to prepare implementation plans aligned with expected standards.

Prepare for dispute and review pathways

If a maintenance direction or emergency closure order is issued, preserve evidence and exercise rights promptly: apply for cancellation within seven days under s 23, and consider ACAT review under part 8 and schedule 1. For compensation claims, prepare written applications to the Minister under s 24 and preserve financial records evidencing loss and expense.

Ongoing compliance monitoring

Maintain a compliance register mapping statutory duties, determinations and instruments, audit outcomes, and staff training records. Designate a compliance officer responsible for monitoring notifiable and disallowable instruments and ensuring that the facility’s operational practices are updated when the director‑general or the Minister issues new standards, guidelines, prohibited articles declarations or fee determinations (s 12 to s 19; s 54).

By implementing these steps tied to specific sections, operators and stakeholders can reduce regulatory risk, demonstrate good governance, and be prepared to respond to inspector actions, maintenance directions, audits and review processes under the Act.

Public Pools Act 2015

Plain English Summary

Deep Dive

What it does

Current sections

Public Pools Act 2015

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply