The regulation builds from a small set of defined concepts that structure obligations and carve out scope.

• Dive operator (s 5): A person conducting a business or undertaking that provides recreational diving, recreational technical diving, or recreational snorkelling. The definition determines who bears the duties set out elsewhere. The regulation places duties on persons other than a dive operator too (s 3(2)), but the primary regulated actor is the dive operator.

• Activity definitions (s 6): The regulation separates recreational diving (underwater diving for recreation using compressed air other than decompression diving), recreational technical diving (use of EANx or mixed gas, or decompression diving), and recreational snorkelling (free diving or swimming with snorkel and mask). Importantly, these activities explicitly exclude diving or snorkelling in a swimming pool (s 6(4)). The definition of decompression diving,requiring a planned stop on final ascent,is given (s 6(5)).

• Certified diver and training levels (ss 7-9): A certified diver holds a certificate issued by a recreational dive training organisation (s 7). An entry-level certificate dive is an initial training course for people who are not certified divers, which must substantially comply with AS ISO 24801 parts 1 or 2 (s 8). A non-certified dive is an introductory scuba or educational programme provided to persons who are not certified divers, irrespective of other participants’ certification status, and must follow an introductory programme developed by a recreational dive training organisation (s 9).

• Medical screening (Parts 2, ss 10-11): Entry-level certificate dives and non-certified dives require a medical declaration in a regulator-approved form before participation (s 10). If the declaration indicates medical evaluation is required (for entry-level certificate dives), the participant must provide a medical certificate from a medical practitioner certifying fitness to dive (s 11). The operator must read, reasonably assess and keep declarations and certificates for at least one year (ss 10-11).

• Boat transport and counts (Part 3, ss 13-17): Where a boat transports persons to a dive site, the regulation requires nominated crew members to count persons at specified stages (before departure, when persons permanently board or leave, and before departure from site) (s 14). Counts must be carried out by independent counts when two or more nominated crew are on board, or by a double method where one crew member is on board (s 15). Records of counts must be made, verified by signature or unique identifier, and retained for one year (s 17). If counts disagree, the operator must re-count; if disagreement persists, the operator must implement procedures from the operator’s emergency plan (s 16).

• Lookouts and guides (Part 4, ss 18-20): The operator must ensure at least one lookout while participants are diving or snorkelling, with the option to use a single lookout only after a proper risk assessment (s 18). For snorkelling, an operator may avoid a lookout if a guide supervises up to 10 snorkellers and the regulator’s risk-assessment criteria are met (s 19). Lookouts and guides must be able to recognise hazards, recognise when participants are in difficulty, and either perform rescue and first aid (including CPR and oxygen therapy) or direct a capable person to do so; lookouts must be out of the water and solely engaged as lookout (s 20).

• Supervision ratios for non-certified dives (Part 5, s 21): Non-certified dives must be supervised in the water by a dive instructor, or by a dive instructor assisted by a certified assistant. A solitary instructor may supervise no more than four divers; an assisted instructor may supervise no more than six (s 21). Qualifications for instructor and certified assistant are those issued by a recreational dive training organisation (s 21(2)).

• Dive safety logs (Part 6, ss 22-26): For each recreational diving or technical diving activity the operator must ensure a written dive safety log is kept that contains specified information per dive (ss 23-25). The operator must authorise a non-participating person to verify the log (s 22(3)), ensure prompt entries and signatures (s 22(5)), verify returns and entries after dives (s 26), and keep logs for at least one year (s 22(4)). The logs must record diver identity, dive times, maximum depths, incidents, and additional technical data for dive tables and technical dives (ss 23-25).

• Interaction with other Acts (s 27): The regulation prescribes certain Acts for the purposes of the Act s 41(3)(c)(ii), listing the Coroners Act 2003, Electrical Safety Act 2002, Police Powers and Responsibilities Act 2000, Queensland Civil and Administrative Tribunal Act 2009, Transport Operations (Marine Safety) Act 1994, and Work Health and Safety Act 2011 (s 27).

• Transitional and repeal (ss 28-32): The 2011 regulation is repealed (s 28). Existing dive safety logs and medical declarations kept under the repealed regulation continue as logs and declarations under the new provisions if they had been kept for less than a year immediately before commencement (ss 30-31). References to the repealed regulation can be taken to be references to the new regulation where context permits (s 32), subject to Acts Interpretation Act 1954 s 14H (s 32(2)).

These core concepts translate a general statutory duty into a set of operational primitives: screening and certification, staff competencies and positioning, counting and verification procedures, record content and retention, and specified decision points reserved to the dive operator and the regulator.

The primary legal addressee under the regulation is the dive operator as defined in s 5,the person who conducts a business or undertaking that provides recreational diving, recreational technical diving or recreational snorkelling. The dive operator is explicitly required to perform duty-of-care tasks created by the regulation (s 3(1)). The regulation also places duties on "persons other than a dive operator" (s 3(2)), which the text implements by reference to roles below.

Workers and crew

• Nominated crew member (Part 3, s 13): For boat operations, the regulation identifies nominated crew members. If only one worker is aboard the boat, that worker is the nominated crew member; otherwise the operator must nominate at least two workers aboard the boat (s 13). Nominated crew members must perform counting duties (s 14), carry out counts in specific ways (s 15), repeat counts where disagreement occurs (s 16), and make and verify written records of counts (s 17).

Guides and lookouts

• Lookouts and guides (ss 18-20): The dive operator must ensure that at least one person acts as lookout during diving or snorkelling activities (s 18). For snorkelling activities, the operator may instead deploy a guide who supervises no more than 10 snorkellers provided a risk assessment supports omitting a lookout (s 19). Lookouts and guides must hold competencies to recognise hazards, rescue participants or direct rescue, and provide first aid, including CPR and oxygen therapy (s 20).

Instructors and assistants

• Dive instructors and certified assistants (s 21): Non-certified dives must be supervised in the water by a dive instructor, or a dive instructor assisted by a certified assistant. The regulation defines both in terms of having current qualifications from a recreational dive training organisation (s 21(2)). These personnel are restricted by supervision ratios: one instructor alone to a maximum of four divers; instructor plus assistant to a maximum of six (s 21(1)).

Divers and snorkellers

• Certified divers, non-certified participants and entrants: A certified diver is a person holding a certificate from a recreational dive training organisation (s 7). Persons participating in entry-level certificate dives and non-certified dives are required to give medical declarations (s 10) and, for entry-level where medical evaluation is indicated, a medical certificate from a medical practitioner (s 11). Snorkellers must be given advice about increased risks if they have certain medical conditions (s 12).

Authorised persons and boat masters

• Authorised person (s 22(3) and s 26): The dive operator must authorise a person other than a participating diver to verify dive safety logs (s 22(3)). After dives, an authorised person and, where a boat is used, the master of the boat or another authorised person must verify that log entries contain the required information and that the diver has verified return from dive (s 26(3)). The text therefore imposes specific verification roles on authorised persons and gives the boat master a verification duty where a boat is used (s 26(3)).

Medical practitioners and the regulator

• Medical practitioners: When a medical declaration indicates evaluation is required for an entry-level certificate dive, the participant must supply a medical certificate by a medical practitioner certifying fitness to dive (s 11).
• The regulator: The regulator approves the form of medical declarations (s 10(1)(b)) and is referenced as the authority for form approval. That creates regulatory discretion over the precise declaration format.

Other institutional connections

• Emergency plan operator responsibility: If boat passenger counts cannot be reconciled, the regulation requires implementation of procedures in the dive operator’s emergency plan prepared under the Work Health and Safety Regulation 2011, s 43 (s 16(3)). This links the operator’s duties under this regulation to obligations under the WHS regulatory framework (s 16(4)).

Who bears costs and who makes decisions

• Costs fall mainly on the dive operator: recordkeeping (medical declarations/certificates and dive safety logs retained for at least one year, ss 10-11, 17, 22), staff training and staffing levels to meet lookout/guides and instructor ratios (ss 18-21), and administrative processes for counting and verification (ss 14-17). The dive operator also bears the decision-making role in assessing medical declarations and deciding what is “reasonable” in respect of allowing a person to dive or using a single lookout (s 10(1)(d), s 18(3)). The regulator decides the form of medical declaration (s 10(1)(b)). The boat master and authorised persons have verification duties (s 26).

The regulation therefore distributes duties across a chain: the dive operator holds primary responsibility and bears compliance costs, workers perform counts and verification, instructors and assistants hold required qualifications and supervision responsibilities, medical practitioners certify fitness where required, and the regulator and authorised persons exercise delegated procedural roles.

The regulation turns a general duty of care into concrete, enforceable duties for dive operators, crew and specified participants. Below is a structured account of key duties, the rights or decision points allocated to actors, and the mechanisms for compliance.

Medical screening and certification (ss 10-11)

• Duty: For entry-level certificate dives and non-certified dives, the dive operator must ensure a participant gives a medical declaration in the regulator-approved form before participating (s 10(1)(a)-(b)). For entry-level certificate dives, where the declaration indicates a medical practitioner evaluation is required, the dive operator must ensure the participant provides a medical certificate from a medical practitioner certifying fitness to dive (s 11(2)).
• Operator tasks: Read the declaration, not know or suspect it is false or misleading, assess fitness having regard to the declaration, and decide it is reasonable to allow the person to dive (s 10(1)(d)(i)-(iv)). If a declaration discloses a medical condition, the operator must seek medical advice about the condition and decide reasonably in accordance with that advice whether to allow the person to dive (s 10(1) example).
• Recordkeeping: Keep copies of medical declarations and certificates for at least one year (ss 10(2), 11(3)). Failure to comply attracts maximum penalties set out in the regulation (see Penalties and enforcement).

Snorkelling advice (s 12)

• Duty: For recreational snorkelling the operator must ensure each participant is advised that snorkelling can be strenuous and may increase risks for people with certain conditions (cardiac, respiratory, seizure-prone, some diabetic conditions, exercise-induced asthma); and that the person should tell a worker aboard the boat if they have any medical condition (s 12(1)(a)-(b)).
• Decision/choice: The regulation prescribes content of the advice; it does not mandate a specific delivery mechanism. How the operator delivers the advice (verbal pre-departure briefing, written notice) is left to operational choice, provided the requirement to ensure the person has been advised is satisfied.

Boat transport counts and records (ss 13-17)

• Duty: When a boat transports persons to a dive site, the operator must ensure each nominated crew member performs counts at four points: before leaving, on permanent boarding, on permanent leaving, and before leaving the dive site (s 14(2)(a)-(d)). Nominated crew members must be appointed as per s 13.
• Methodology: If two or more nominated crew members are aboard, each must independently count and compare counts to ensure agreement (s 15(2)). If only one nominated crew member is aboard, the worker must carry out a double count using two different active-participation methods or a head count plus active method (s 15(3)). Examples of active methods are completion of a diver’s signature sheet, a roll call, or a tagging and signing system (s 15(3) examples).
• Reconciliation and escalation: If counts disagree, the operator must have the crew recount using the required methods (s 16(2)). If disagreement persists, the operator must implement relevant procedures in the dive operator’s emergency plan as prepared under the Work Health and Safety Regulation 2011, s 43 (s 16(3)-(4)).
• Recordkeeping and verification: The nominated crew member must make a written record of counts and verify by signature or, if electronic, by entering name and unique identifier (s 17(1)). The operator must keep those records for at least one year (s 17(2)).

Lookouts and guides (ss 18-20)

• Duty: While participants are diving or snorkelling the operator must ensure at least one person acts as lookout (s 18(2)). The operator may allow only one lookout after conducting a proper risk assessment and deciding it is reasonable (s 18(3)). For snorkelling, the operator may omit a lookout if the activity is supervised by a guide who supervises no more than 10 snorkellers, and the operator has conducted a proper risk assessment (s 19).
• Competency and positioning: Lookouts and guides must be able to recognise relevant hazards, recognise when participants are in difficulty, and be able to rescue and provide first aid or direct a capable person to do so (s 20(2)). If acting as lookout, the person must be positioned out of the water with a view of the whole area and must be solely engaged as lookout, except while actually rescuing or providing first aid (s 20(3)-(4)). First aid includes CPR, oxygen therapy and oxygen resuscitation (s 20(5)).

Supervision of non-certified dives (s 21)

• Duty: For non-certified dives, the operator must ensure each diver in the water is supervised by a dive instructor or by a dive instructor assisted by a certified assistant (s 21(1)(a)). Supervision ratios are prescribed: no more than four divers per instructor alone; no more than six divers per instructor if assisted by a certified assistant (s 21(1)(b)). Qualifications for those supervisory roles must be current qualifications from a recreational dive training organisation (s 21(2)).

Dive safety logs (ss 22-26)

• Duty: For each diving activity, the operator must ensure a written dive safety log complying with ss 23-26 is kept (s 22(1)-(2)). The operator must authorise a person other than a participating diver to verify the log (s 22(3)). Logs must be kept for at least one year (s 22(4)). Entries and signatures must be made as soon as possible; diver signatures are to be made after returning to the boat and removing gear and drying hands (s 22(5)).
• Required fields: Logs must state names of divers, identifiers for buddy systems, whether a dive computer was used, the authorised verifier’s name, date and location, dive start and end times and durations, maximum depth, and any incident or injury (s 23). Additional fields apply where dive tables are used (repetitive dive group, surface interval and repetitive factor) (s 24) and where recreational technical diving uses EANx or mixed gas (oxygen and nitrogen contents, maximum and minimum operating depths as relevant) (s 25).
• Verification: After a diver returns from a dive the diver must verify return in the required way (signature or electronic unique identifier) and an authorised person and, where a boat is used, the master or another authorised person must verify that entries contain required information and the diver has verified return (s 26).

Regulator and form approval (s 10)

• Duty/Power: The regulator approves the form of the medical declaration (s 10(1)(b)). The operator must use the regulator-approved form; this gives the regulator control over the front-end screening instrument.

Retention, verification and enforcement mechanisms

• Retention: Medical declarations, certificates and dive safety logs must be retained for at least one year (ss 10(2), 11(3), 17(2), 22(4)).
• Verification and signatures: Multiple provisions require physical signature verification or electronic signature with unique identifier (ss 17, 26).
• Escalation to emergency plan: Recounts that remain unreconciled require implementation of the operator’s emergency plan procedures under WHS Regulation s 43 (s 16(3)).

Rights and decision points

• Operator discretion: The operator decides the reasonableness of allowing a person to dive after reading and assessing declarations (s 10(1)(d)(iv)), whether to accept a single lookout after risk assessment (s 18(3)), and whether a snorkelling activity can proceed without a lookout if a guide supervises up to 10 snorkellers and assessment supports that (s 19).
• Participant obligations: Participants must give declarations, and where required, medical certificates (ss 10-11). Divers must verify their return and entries in logs (s 26(2)).

These duties are prescriptive and contain recordable acts that can be used by regulators to assess compliance. The regulation combines substantive obligations (e.g., supervision ratios) with procedural obligations (e.g., form-approved declarations, recordkeeping and signatures) that create both operational and documentary compliance tasks.

The regulation specifies maximum penalties in penalty units for a range of offences. The text does not specify enforcement mechanisms beyond the ability to impose penalties, but the presence of discrete, documentable obligations creates clear enforcement touchpoints for regulators and inspectors.

Penalties stated in the regulation

• Medical declarations and certificates: Allowing a person to participate in an entry-level certificate dive or non-certified dive without a medical declaration in approved form, or without a required medical certificate, attracts a maximum penalty of 30 penalty units (ss 10(1), 11(2)). The operator must retain declarations and certificates for at least one year; failing to keep a copy attracts a maximum penalty of 12.5 penalty units (ss 10(2), 11(3)).
• Snorkelling advice: Failing to ensure persons are advised of increased risks and to tell a worker aboard the boat where required attracts a maximum penalty of 30 penalty units (s 12).
• Boat transport counts and related records: Failing to comply with the counting requirement under s 14 attracts a maximum penalty of 12.5 penalty units (s 14). If counts do not agree, the failure to have each nominated crew member recount as required attracts a maximum penalty of 12.5 penalty units (s 16(2)). If counts still disagree and the operator does not implement the relevant emergency plan procedures, the maximum penalty is 60 penalty units (s 16(3)). The requirement to keep count records for at least one year carries a maximum penalty of 12.5 penalty units (s 17(2)).
• Lookouts and guides: Failing to ensure at least one person acts as lookout (as required) attracts a maximum penalty of 30 penalty units (s 18(2)). Other related breaches (for example, guides failing to comply with s 20 requirements) would be enforceable under the specified penalties for the relevant section.
• Dive safety logs: The operator must ensure a written dive safety log is kept and that an authorised person verifies the log; failure to do so attracts a maximum penalty of 12.5 penalty units (s 22(1)-(3)). The one-year retention requirement for logs attracts a maximum penalty of 12.5 penalty units (s 22(4)).

Interactions with the Act and other regulatory instruments

• The regulation operates as a statement of how the dive operator's duty under the Act, s 16, is to be performed in relation to specified matters (s 3(1)). Enforcement and penalties under the Act itself are outside the text, but the existence of specified penalties in the regulation provides a direct enforcement avenue for breaches of the regulation’s provisions.
• The regulation refers to an emergency plan prepared under the Work Health and Safety Regulation 2011, s 43 (s 16(3)). Non-compliance with the operator’s emergency plan obligations under WHS law could attract separate enforcement action under WHS frameworks.

Practical enforcement triggers and documentary evidence

• The regulation creates documentary obligations (approved-form medical declarations, medical certificates, count records, dive safety logs, authorised person verifications). These documents form the primary evidence for an inspector or regulator assessing compliance. Missing or incomplete documents, mismatched counts, or absent signatures/unique identifiers are clear, examinable triggers for enforcement.
• Specific acts like not implementing emergency plan procedures where counts remain unreconciled (s 16(3)) are discrete failures that attract a higher maximum penalty (60 penalty units), signalling an emphasis on escalation when participant safety may be compromised.

Limits in the text

• The regulation lists maximum penalties in penalty units; the monetary equivalent of a penalty unit is set elsewhere in legislation and not in the text provided. The regulation does not itself specify inspection, notice, or prosecution procedures; enforcement processes will rely on the Act and other relevant enforcement regimes. The regulator’s role in approving declaration forms (s 10) also creates an administrative interface that could influence enforcement (for example, by determining what a compliant medical declaration looks like).

In short, the regulation ties practical, observable acts to maximum penalty units across medical screening, counting and recordkeeping on boats, supervision ratios and safety logs. The strongest penalty (60 penalty units) is reserved for failing to implement emergency-plan procedures when counts cannot be reconciled (s 16(3)), placing emphasis on immediate operational escalation in potential person-overboard or missing-person scenarios.

The regulation is explicitly drafted as a way of performing the duty of care imposed under the Act, s 16 (s 3(1)). It also cross-references and prescribes interaction with distinct legislative instruments and regulatory frameworks.

Work Health and Safety (WHS) Regulation 2011

• Integration with emergency plans: Section 16(3) requires the dive operator to implement relevant procedures in the dive operator’s emergency plan when counts after recounting still do not agree. The emergency plan is defined in s 16(4) as an emergency plan prepared under the Work Health and Safety Regulation 2011, s 43. This ties the operational counting and escalation rules in the regulation to WHS compliance obligations. Where the regulation requires implementation of the emergency plan, that plan must be the operator’s plan as required by the WHS Regulation, potentially exposing operators to dual scrutiny under both regimes.

Other Acts prescribed (s 27)

• Section 27 prescribes six Acts for the purposes of the Act, s 41(3)(c)(ii): Coroners Act 2003, Electrical Safety Act 2002, Police Powers and Responsibilities Act 2000, Queensland Civil and Administrative Tribunal Act 2009, Transport Operations (Marine Safety) Act 1994, and Work Health and Safety Act 2011. The prescribing of these Acts signals cross-instrument relevance: for example, maritime safety under the Transport Operations (Marine Safety) Act 1994 will intersect with boat operations in this regulation, and the Coroners Act 2003 will be relevant in the investigation of any deaths connected to recreational diving or snorkelling activities.

Regulator’s administrative role

• Approval of medical declaration form: The regulator approves the form of the medical declaration (s 10(1)(b)). That approval function is an administrative law touchpoint. Operators must use the regulator-approved forms; changes to those forms will change front-line compliance requirements.

Records and evidence for other procedures

• Dive safety logs and count records may be relevant to investigations under other laws. For instance, logs verified by authorised persons and boat masters (s 26) will be documentary evidence for coronial enquiries, police investigations or WHS inspector investigations. The regulation preserves and structures that documentary trail.

Interaction with Acts Interpretation Act 1954

• Transitional section 32 allows references to the repealed 2011 regulation to be treated as references to the new regulation where context permits, but notes that subsection (1) does not limit the application of the Acts Interpretation Act 1954, s 14H (s 32(2)). This provides interpretive continuity for documents and instruments created under the old regulation.

Absence of explicit conflict clauses and reliance on higher-order duties

• The regulation states that a duty imposed on a person under this regulation in relation to health and safety does not limit or affect any duty that person has under the Act or, unless otherwise expressly provided, another provision of this regulation (s 3(3)). That provision makes clear the regulation supplements, rather than displaces, wider statutory duties including the Act and WHS duties.

Maritime safety and policing

• The inclusion of the Transport Operations (Marine Safety) Act 1994 and Police Powers and Responsibilities Act 2000 in the prescribed list (s 27) suggests that vessel operations, safety obligations on vessels, and police powers on waterways will be relevant legal frameworks in which the regulation’s duties sit. For example, requirements that lookouts be out of the water and solely engaged (s 20(3)) intersect with standard maritime practices and port or vessel safety instruments.

In summary, the regulation is framed as an operational companion to broader duties under the Act and WHS law, and the text explicitly ties certain obligations to existing emergency-plan requirements. The regulator’s role in approving forms creates an administrative hinge. Records kept under the regulation will be evidence in other statutory processes (coronial, marine safety, police, WHS, QCAT), as signalled by s 27.

The regulation text available includes two direct historical signals.

• Repeal of the 2011 regulation: Section 28 expressly repeals the Safety in Recreational Water Activities Regulation 2011, SL No. 241. The repeal is immediate upon commencement (s 28). This is a clear legislative update replacing the 2011 instrument with the 2024 regulation.

• Amendment note in s 27: Section 27 bears a marginal note “s 27 amd 2024 SL No. 241 s 47”, indicating that s 27 was amended in 2024 by the same subordinate legislation series and by s 47 of SL No. 241. The presence of the note in the text provided identifies s 27 as amended in the instrument that also effects commencement and repeal. The text does not provide further historical stages or prior amendments beyond these notations.

Transitional provisions

• The regulation contains transitional provisions to preserve continuity for active records and declarations created under the repealed regulation. Sections 29-32 define “new” and “repealed regulation” for the division (s 29), and state that existing dive safety logs and medical declarations kept under the repealed regulation continue as logs and declarations under the new corresponding sections if they had been kept for less than a year immediately before commencement (ss 30-31). Section 32 allows references to the repealed regulation in documents to be read as references to this regulation where context permits, subject to Acts Interpretation Act 1954 s 14H (s 32). These transitional provisions are a direct mechanism to preserve records and avoid immediate documentary or evidential gaps for operators who had logs or declarations in active use at the moment of commencement.

Commencement

• The regulation commences on 1 August 2024 (s 2). The commencement date fixes the temporal point at which the repeal and the new obligations take effect, and from which transitional provisions operate.

No further amendment history in the provided text

• The text supplied does not contain earlier or later amendments, nor does it include legislative history notes, explanatory memoranda or second-reading speeches. The only direct amendments signalled are those effecting repeal of the 2011 instrument and the marginal amendment note in s 27.

Operational implication of amendment mechanics

• The repeal plus transitional continuity for certain records suggests an intention to maintain documentary continuity and to replace the 2011 rules with updated operational requirements. The operator’s practical obligations to retain records for one year (ss 10-11, 17, 22) dovetail with the transitional rule preserving records kept for less than a year, reducing transitional compliance friction.

Overall, the amendment history in the available text is limited to repeal of the 2011 regulation, the transitional bridge provisions and a marginal amendment note for s 27. The regulation comes into force on the stated commencement date.

The regulation text provided contains no case law, cited decisions or litigation history. It does not name any judicial decisions, tribunal outcomes or other adjudicative materials. Therefore the instrument itself does not record or report any litigation.

That absence does not mean disputes will not arise; the regulation’s architecture creates a set of discrete legal issues that could reasonably give rise to litigation or administrative review. Below are litigation vectors and contested legal questions that the regulation’s text makes likely to generate disputes. These are presented as categories of potential litigation grounded in the regulation’s content rather than as instances of existing cases.

Disputes about administrative form and regulator approval

• The regulator approves the form of the medical declaration (s 10(1)(b)). Disputes could arise over whether a declaration used by an operator complies with the regulator-approved form, or whether the regulator acted lawfully in approving or changing the form. These would be administrative law challenges relying on judicial review principles, but the text itself does not set out such procedures.

Reasonableness assessments by operators

• The regulation repeatedly requires the dive operator to decide that it is “reasonable” to allow a person to dive after assessing medical declarations (s 10(1)(d)(iv)) and to decide it is reasonable for one person to act as lookout after a proper risk assessment (s 18(3)). Litigation may thus turn on whether the operator’s assessment met the statutory standard of “reasonable” and whether the assessment process complied with the regulation’s procedural expectations. Disputes could arise in civil liability suits (for negligence) or in prosecutions for regulation breaches, where an operator’s internal risk-assessment documentation may be scrutinised.

Disagreements over counts, verification and emergency-plan implementation

• The regulation prescribes independent counting, recounting and implementation of emergency-plan procedures when counts remain inconsistent (ss 14-16). If a person is lost or there is an incident following a reconciled or unreconciled count, disputes might concern whether counts were made in the “required way” (s 15), whether records were verified properly (s 17), and whether the operator implemented the emergency plan where required (s 16(3)). Enforcement actions under the regulation or related WHS enforcement could focus on documentary evidence and compliance with prescribed procedures.

Content and sufficiency of dive safety logs

• The regulation specifies field-level detail for dive safety logs (ss 23-25) and verification duties (s 26). Litigation or enforcement could hinge on whether entries were complete, verified by an authorised person, kept for the required period, and whether diver verification was obtained as required. Coroners or criminal investigations may use incomplete or missing logs as evidence of non-compliance.

Qualification and supervision disputes

• The regulation requires supervisory personnel to hold current qualifications from a recreational dive training organisation (s 21(2)). Disputes could arise about the sufficiency or currency of qualifications, the scope of what counts as a certified assistant or instructor, or whether supervisory ratios were observed. Employment or contract disputes between operators and staff, or regulatory enforcement actions, could focus on documentary proof of qualifications.

Cross-regulatory proceedings

• Given the regulation’s cross-references to the WHS framework and prescribed Acts (s 27), incidents could spawn multi-front proceedings: WHS prosecutions, coronial inquests, police investigations and civil claims. Disputes may therefore involve concurrent or successive proceedings across different legal fora.

Evidential use of documents

• Because the regulation makes extensive documentary demands (approved declarations, medical certificates, logs, count records, verification signatures/unique identifiers), litigation is likely to involve the admissibility, interpretation and weight of those documents as evidence. The regulation’s retention periods and verification methods (ss 10-11, 17, 22, 26) define when and how these materials will be available.

In sum, while the regulation text contains no litigation history, it creates clear factual and legal touchpoints,reasonableness assessments, prescribed procedures, verification and recordkeeping,that are typical loci for regulatory enforcement and civil litigation. Practitioners should expect disputes to centre on documentary compliance, the sufficiency of risk assessments, implementation of emergency plans, qualification currency, and the regulator’s administrative functions.

The regulation contains several specific provisions and definitional choices that create compliance risk or operational traps for dive operators and associated personnel. These “gotchas” are concrete procedural and definitional items that commonly generate non-compliance when overlooked.

Form and regulator approval of medical declarations (s 10)

• The medical declaration must be “in the form approved by the regulator” (s 10(1)(b)). Using a form that materially departs from the regulator-approved template, even if substantively similar, risks non-compliance. Operators must track regulator-issued forms and maintain version control. The regulation gives no grace for equivalent forms.

Operator’s knowledge/suspicion standard (s 10(1)(d)(ii))

• The operator must ensure the person’s declaration is read and that the operator “does not know or suspect the declaration is false or misleading” (s 10(1)(d)(ii)). This places an evidential obligation on operators to document that they actually read the declaration and carried out an assessment sufficient to rule out knowledge or suspicion. Absent such documentation, an inspector could reasonably infer inadequate examination.

Medical certificate trigger is limited to entry-level certificate dives (s 11)

• The requirement for a medical certificate applies only where an entry-level certificate dive participant’s declaration indicates evaluation is required (s 11(1)). For non-certified dives, the regulation requires a declaration but the medical certificate requirement is not explicitly repeated; operators must not misread the scope. However, s 10 requires operators to seek medical advice where a declaration discloses a medical condition.

One-year retention timelines (ss 10(2), 11(3), 17(2), 22(4))

• Multiple retention requirements mandate keeping declarations, certificates, counts and dive logs for at least one year. Operators must align document management systems, backup, and audit protocols to this period. Transition provisions preserve logs/declarations kept for less than a year immediately before commencement (ss 30-31), but general retention obligations remain.

Counting methodology and active participation (ss 14-15)

• If only one nominated crew member is aboard, the worker must carry out the count twice “by using 2 different ways that require the persons being counted to actively participate” or a head count plus active method (s 15(3)). Passive counting methods may not suffice. Examples of active methods are given (signature sheet, roll call, tagging), and operators must adopt explicit systems that match those examples or an equivalent active-participation method.

Independent counts and reconciliation (s 15(2), s 16)

• With two or more nominated crew members, counts must be independent and compared for agreement (s 15(2)). If counts do not agree, operators must reconvene counts and, failing agreement, implement emergency plan procedures (s 16). Notably, the emergency plan invoked is the one under the WHS Regulation 2011, s 43 (s 16(4)). Failure to escalate appropriately carries a higher maximum penalty (60 penalty units) (s 16(3)).

Verification signatures and electronic unique identifiers (s 17)

• Verification requires either a physical signature or, for electronic records, the person’s name and unique identifier (s 17(1)). Operators using electronic systems must implement unique identifier management (issuance, security, audit) to ensure entries are verifiable. A poorly secured unique identifier system risks disputed authenticity.

Authorised person must be a non-participating verifier (s 22(3))

• The person authorised to verify the dive safety log must be “other than a diver participating in the activity” (s 22(3)). An operator who authorises a participating diver to verify the log will be non-compliant.

Timing of log entries and diver signatures (s 22(5))

• Entries and signatures must be made “as soon as possible” after requirements arise. The text gives an operational detail: after returning to the boat, the diver signs as soon as gear is removed and hands dried (s 22(5)). Wet signatures or delayed entries may invite compliance questions.

Recreational snorkelling exception for lookouts is conditional (s 19)

• The operator may provide snorkelling without a lookout only if a proper risk assessment supports the decision, the activity is supervised by a guide, the guide supervises no more than 10 snorkellers, and the guide complies with s 20 during snorkelling (s 19(2)(a)-(d)). Each of the conjunctive conditions must be met; omitting any element risks non-compliance.

Lookout must be solely engaged and out of water (s 20(3))

• Lookouts must be positioned out of the water and be “solely engaged in being the lookout” during the activity. If the designated lookout performs other duties (for example, handling boat tasks) while participants are in the water, the operator may fail to comply unless the lookout is actually engaged in rescue or first aid as an exception (s 20(4)).

Defined exclusions and scope (s 6(4))

• The definition of recreational diving, technical diving and snorkelling explicitly excludes swimming pool activities (s 6(4)). Operators who run pool-based programs might incorrectly apply the regulation’s field obligations or, conversely, assume pool activities are outside all safety obligations; the regulation does not relieve operators of general WHS duties for pools.

Supervision ratios and qualification currency (s 21)

• Supervision ratios for non-certified dives are strict (4 divers per instructor, or 6 with an assistant). Qualifications must be current and issued by a recreational dive training organisation (s 21(2)). Operators must maintain records proving both currency and issuer.

Regulator-defined terms and forms

• The regulator controls the approved form of the medical declaration (s 10). The text provides that initial training courses must substantially comply with AS ISO 24801 parts 1 or 2 (s 8). Operators will need to monitor both regulator instruments and referenced standards for changes.

Emergency plan integration (s 16)

• When recounts fail to agree, operators must implement “relevant procedures” in their emergency plans under the WHS Regulation. Operators must therefore ensure emergency-plan procedures explicitly address unreconciled counts on transport vessels and are compatible with the regulation’s requirements.

Taken together, these provisions create a set of operationally fragile points where poor version control, insufficient documentation, inadequate staffing, or improperly designed electronic systems can expose operators to compliance risk. Each “gotcha” is anchored in a specific section and available as an enforcement touchpoint.

Below is a practical, section-mapped compliance checklist and recommended operational steps to align dive operations with the regulation’s obligations. The list is action-oriented and grounded in the specific sections of the regulation.

1. Determine whether the business is a dive operator (s 5)

• Confirm your services fall within the regulation’s definitions (recreational diving, recreational technical diving, recreational snorkelling) and are not excluded activities (for example, swimming pool activities are excluded, s 6(4)). If services fall within scope, the operator obligations apply (s 3(1)).

2. Adopt regulator-approved medical declaration forms and implement screening procedures (s 10)

• Obtain and implement the regulator-approved medical declaration form (s 10(1)(b)). Ensure front-line staff are trained to read and assess declarations and to document that the declaration was read and that there was no knowledge or suspicion it was false (s 10(1)(d)(i)-(ii)). Where a declaration indicates medical practitioner evaluation is required for an entry-level certificate dive, ensure the participant produces a medical certificate from a medical practitioner certifying fitness to dive before participating (s 11(2)).
• Document any medical advice sought and the operator’s decision to allow participation, including the rationale that the decision was reasonable (s 10(1)(d)(iv)), and retain declarations and certificates for at least one year (s 10(2), 11(3)).

3. Provide prescribed snorkelling advice and document delivery (s 12)

• Prepare standardised wording for pre-activity advice covering the specific risks listed (cardiac disease, asthma and lung complaints, seizure-prone conditions, diabetic conditions, exercise-induced asthma) and ensure participants are advised that they should tell a worker aboard the boat of any medical condition (s 12(1)(a)-(b)). Record delivery of that advice (for example, a checklist signed by participant or crew) to evidence compliance.

4. Establish nominated crew procedures and counting protocols (ss 13-17)

• Nominate crew members per s 13. If only one worker will be aboard a vessel, designate that worker as the nominated crew member. If more than one worker will be aboard, designate at least two nominated crew members.
• Adopt counting procedures that meet s 15: with two or more nominated crew, each must independently count and compare results (s 15(2)). With a single nominated crew member aboard, the worker must perform two counts using different active-participation methods or a head count plus an active-participation method (s 15(3)). Examples: diver signature sheets, roll call, tagging and signing systems (s 15(3) examples).
• Ensure counts are carried out at the four points required by s 14(2) and records are written and verified by signature or electronic unique identifier (s 17). Maintain records for at least one year (s 17(2)).

5. Prepare for and implement reconciliation and emergency escalation (s 16)

• Develop and document procedures to re-count when counts do not agree (s 16(2)). If counts remain inconsistent, implement the relevant procedures in the operator’s emergency plan as required by s 16(3). Ensure your emergency plan aligns with the Work Health and Safety Regulation 2011, s 43, and specifically addresses unreconciled passenger counts on board vessels (s 16(4)). Train crew in when and how to initiate the emergency plan.

6. Authorise and train authorised persons and masters for dive safety log verification (ss 22, 26)

• Authorise one or more persons who are not participating divers to verify dive safety logs for each diving activity (s 22(3)). If using boats, ensure the boat master or another authorised person understands verification duties after each dive (s 26(3)). Establish a roster and verify non-involvement in the dive as part of authorisation.

7. Maintain dive safety logs meeting the field requirements and verification procedures (ss 22-26)

• Implement a written (or compliant electronic) dive safety log format that captures all fields in s 23 for each dive: diver names, buddy/group identifiers, dive computer usage, verifier’s name, date/location, start and end times, duration, maximum depth, and incidents. For dives using dive tables add repetitive dive group and, where applicable, surface interval and repetitive factor (s 24). For recreational technical dives using EANx or mixed gas add oxygen/nitrogen contents, maximum and minimum operating depths, bottom mix definitions (s 25).
• Require divers to verify their return and entries promptly after the dive and implement a process ensuring signatures or electronic unique identifiers are captured as soon as possible (s 22(5), s 26(2)). The authorised verifier and boat master must verify that entries contain the required information and that the diver has verified return (s 26(3)).
• Retain dive safety logs for at least one year (s 22(4)).

8. Ensure competencies and supervision ratios (ss 20-21)

• For non-certified dives ensure only qualified personnel act as dive instructors and certified assistants, with qualifications current and issued by a recreational dive training organisation (s 21(2)). Maintain records of qualifications and evidence of currency. Observe supervision ratios: 1 instructor to no more than 4 divers alone; instructor plus assistant to no more than 6 divers (s 21(1)).
• Ensure lookouts and guides meet s 20 competency thresholds: ability to recognise hazards, recognise distress, rescue and provide first aid (including CPR and oxygen therapy) or direct a capable person to do so. Ensure lookouts are positioned out of the water and are solely engaged in lookout duties while participants are diving or snorkelling (s 20(3)-(4)).

9. Implement risk-assessment procedures for single-lookout or guide-only snorkelling alternatives (ss 18-19)

• If planning to use only one lookout, document a proper risk assessment that considers the specific activity and justifies that one lookout is reasonable (s 18(3)). For snorkelling without a lookout, document a proper risk assessment showing it is reasonable not to have a lookout and ensure the guide supervises no more than 10 snorkellers and complies with s 20 during snorkelling (s 19(2)).

10. Records governance: signatures, unique identifiers, retention and audit trail (ss 17, 22, 26)

• If using electronic logs, implement a unique identifier system for named crew and authorised persons that is secure, auditable and mapped to personnel records (s 17(1), s 26(4) concept). Ensure the system records the name and unique identifier in a way that permits future verification. Maintain backups and an audit trail to sustain the one-year retention requirement (ss 17(2), 22(4)).

11. Compliance with prescribed Acts and cross-cutting obligations (s 27)

• Ensure internal procedures align with the broader legal frameworks named in s 27, particularly the Work Health and Safety Act 2011 and the Transport Operations (Marine Safety) Act 1994. Emergency plans must satisfy WHS requirements referenced in s 16(4). Coordinate documentation so that it can be used in multi-agency investigations (police, coronial, WHS).

12. Training, supervision and operational manuals

• Update operational manuals and crew training to reflect s 15 counting methods, s 20 rescue/first-aid competencies, s 21 supervision ratios and s 22 logkeeping. Train staff to make the “reasonable” assessments required by ss 10 and 18, and document assessment processes with evidence of what factors were considered.

13. Audit and internal review

• Perform periodic internal compliance audits focusing on the key documentary obligations (medical declarations and certificates, counts and count records, dive safety logs, authorised verifiers, qualifications and currency) and retention periods. Keep audit reports as evidence of proactive compliance efforts.

14. Transitional handling of existing logs and declarations (ss 30-31)

• For logs and medical declarations held under the repealed 2011 regulation that were kept for less than a year immediately before commencement, treat them as compliant under the new regulation per ss 30-31; however, ensure ongoing retention to meet the one-year rule from the date of the original entry.

15. Legal and insurance alignment

• Notify insurers of regulatory changes if policy terms depend on compliance with industry regulations. Retain documentary evidence of compliance activities to support insurance claims or defence in enforcement actions.

In operational terms, compliance requires: (1) a document management system that tracks regulator-approved forms, medical certificates and logs for at least one year; (2) explicit counting protocols and training that meet s 15 examples; (3) staff qualification records that evidence currency for instructors and assistants; (4) emergency-plan procedures addressing unresolved counts and other contingencies; and (5) a verified process for log verification by authorised non-participating persons and the boat master.

Following the regulation’s structure and organising operational systems around the statutory checkboxes will materially reduce enforcement risk and create an evidentiary trail necessary for demonstrating compliance.