What it does
The Swimming Pools Act 1992 (NSW) establishes a comprehensive child-drowning prevention regime by mandating physical and administrative controls over swimming pools located on premises that contain residential buildings, moveable dwellings or tourist and visitor accommodation. At its core, the Act requires every relevant swimming pool to be isolated by a child-resistant barrier that complies with standards prescribed by the regulations (s 7(1)(b) for dwelling-house pools; s 12(d) for moveable-dwelling and tourist pools). “Child-resistant barrier” is defined in s 3 as a fence or wall (including any gate or door) that meets the regulatory standard; the diagrams in Schedule 1 form part of the Act and illustrate acceptable configurations.
The Act distinguishes between outdoor and indoor pools. For outdoor pools associated with dwelling-houses, the barrier must separate the pool from both the house and any adjoining land (s 7(1)(a)). For pools associated with moveable dwellings or tourist and visitor accommodation, the barrier must be located immediately around the pool and may contain only ancillary structures (s 12(b)–(c)). Indoor pools are regulated by restricting all means of access in accordance with the regulations (s 14). A spa pool is treated as a swimming pool but is exempt from full barrier requirements if access to the water is restricted when not in use (s 20).
Exemptions are narrowly framed and time-limited. Pools commenced before 1 August 1990, or before 1 July 2010 on small lots (<230 m²), need not isolate the pool from the house provided regulated access restrictions from the building are maintained (s 8). Pools on lots ≥2 ha or with waterfront frontage enjoy similar relief (ss 9–10), but only for pools commenced before 1 July 2010; any later erection of an interposing barrier causes the exemption to cease (ss 8(4), 9(5), 10(5)). Existing tourist-accommodation pools commenced before 1 May 2013 receive limited relief from the “immediate surround” rule (s 13(1A)–(2)).