Swimming Pools Regulation 2018

This Regulation revolves around a small number of interlocking administrative and technical concepts tied to the Act: prescribed standards; exclusion and access restrictions; inspection, certification and registration; exemptions; notice and signage; and transitional or grandfathering rules.

Prescribed standards and compliance: The Regulation identifies which normative instruments count as the “prescribed standards” for particular statutory duties. For outdoor pools the Building Code of Australia is the prescribed standard for child‑resistant barrier design, construction, installation and maintenance for purposes of ss 7(1)(b) and 12(d) of the Act (cl 5(1)). For specific exemptions from separation between a residential building and pool the Regulation prescribes AS 1926.1,2007 and adds a foothold limitation for certain window openings (cl 6(1)). For waterfront or large property exemptions the Regulation again points to AS 1926.1,2007 (cl 7). For indoor pools the Building Code is made the touchstone for means of access (cl 8(1)). For spa pools the Regulation requires a lockable child‑resistant structure with no opening through which a testing apparatus can be passed (cl 9).

Testing apparatus: The Regulation defines the testing apparatus as a cylindrical object 105 millimetres in diameter, plus or minus 1 millimetre, with at least one solid flat‑faced end (cl 3). This device is the mechanical measure used in several standards to determine whether an opening is child‑resistant.

Warning notices and legibility: The Regulation prescribes precise content for signs required under s 17 of the Act. The sign must bear three specific statements about supervision, gates and removal of objects from the fence, a simple resuscitation flow chart consistent with the ANZCOR guideline and an explicit statement that formal instruction is essential, plus the publishing body and date (cl 10(1)). Signs must be legible from at least 3 metres and maintained legible (cl 11). Temporary construction site signs must state that the pool is not to be used and remain until a relevant occupation certificate or certificate of compliance is issued (cl 10(3)).

Exemptions and special circumstances: Local authorities may grant exemptions under s 22 of the Act. The Regulation prescribes the application form content and informs applicants that an application is deemed refused if not finally determined within 6 weeks, and that appeal rights exist to the Land and Environment Court (cl 12). A local authority may charge up to $250 to determine an exemption application (cl 13). Clause 14 identifies the physical disability of an adult occupier that significantly impedes access as a special circumstance justifying exemption.

Inspections, certificates and registers: Local authorities and accredited certifiers carry out inspections under Division 5 of Part 2 of the Act. The Regulation mandates community engagement strategies based on social justice principles when developing inspection programs (cl 16). The reasonable timeframe for carrying out an inspection is set at 10 business days after receiving a request (cl 17). Where an inspection results in compliance, the inspecting body must enter information on the Register within 3 business days (cl 18(1)). Where the requirements are not met the inspecting authority must both provide a written notice to the owner describing the steps required and enter details about the non‑compliance on the Register within 3 business days by a Secretary‑approved form (cl 20, cl 18(2)). Certificates of non‑compliance must be issued in a Secretary‑approved form within 7 days of the inspection, are valid for one year, and cease to be valid if a certificate of compliance is later issued (cl 21(3), (4), (7)).

Fees and monetary limits: The Regulation caps fees payable by owners to local authorities for inspection and for provision of registration information. Inspection fees are capped at $150 for specified first inspections and $100 for subsequent inspections (cl 19). A fee of up to $10 may be charged for provision of registration information (cl 25). Penalty notice amounts for certain offences under the Act and the Regulation are specified in Schedule 1. The Regulation also preserves other maximum penalties under the Act where it references them, such as the maximum penalty for non‑posting of construction signs (cl 10(3) notes a maximum of 5 penalty units).

Grandfathering and transitions: The Regulation contains two mechanisms for treating existing pools when standards change or when older regulations applied. Clause 30 accepts that where a standard is amended, an existing barrier or means of access continues to be taken to comply with the amended standard so long as it complied immediately before the amendment and continues to comply, or where altered, it complied at the time of alteration and continues to comply. Clause 31 deals with swimming pools completed before 1 September 2008, permitting compliance to be shown by meeting the requirements of the earlier 1998 regulation, unless the barrier or premises are substantially altered.

Access to technical material: The Regulation requires local authorities to ensure an electronic version and, on request, a paper copy of relevant extracts of specified Australian Standards, the Building Code and the Cardiopulmonary Resuscitation Guideline are made available for public inspection free of charge at each public office during business hours. The local authority must also make the CPR Guideline available on its website (cl 29).

The Regulation allocates responsibilities and costs across several groups. The primary parties affected are owners of premises on which swimming pools are situated, local authorities (typically councils), registered or accredited certifiers, the Secretary (as an administrative approver), and third parties such as purchasers and tenants.

Owners of premises with pools: Owners are required to ensure their pool barriers and means of access comply with the prescribed standards set out in the Regulation and the Act. Owners pay fees in specific circumstances. They must pay inspection fees when inspections are conducted by local authorities in the amounts capped by cl 19. They face administrative obligations to erect and maintain specified signs while pools are constructed or used and to ensure signage meets content and legibility standards (cl 10 and cl 11). If a certificate of non‑compliance is issued for their pool, the certificate may restrict the owner’s ability to sell without disclosure consequences (cl 22 relates to acquisition and certificates of non‑compliance appearing in sale contracts) and remedies or directions under s 23 of the Act may be pursued by the local authority.

Local authorities (councils): Councils have several operational duties under the Regulation. They must create and implement community engagement strategies when developing inspection programs, based on social justice principles of equity, access, participation and rights (cl 16). They must carry out inspections within a reasonable timeframe, which the Regulation sets at 10 business days after a request (cl 17). Councils must enter inspection results onto the Register within 3 business days for both compliant and non‑compliant findings, or provide the Secretary with approved details where non‑compliance is found (cl 18). Councils may impose fees for exemption determinations up to $250 (cl 13). Councils must provide public access to specified standards and guidelines free of charge in their public offices and publish the CPR Guideline on their websites (cl 29). Councils that are reporting entities must include inspection statistics in their annual reports (cl 23). Councils also decide exemption applications under s 22 of the Act and must notify owners of refusals or conditions, providing reasons and notice of the right to appeal to the Land and Environment Court (cl 12, cl 15, cl 28).

Registered or accredited certifiers: The Regulation authorises registered certifiers within Division 5 of Part 2 of the Act who carry out work under that Division to be “authorised persons” for access to the Register (cl 26). Registered certifiers can inspect and, where appropriate, issue certificates of non‑compliance (cl 21(1) and (2) show that either the local authority or a registered certifier may issue non‑compliance certificates depending on who carried out the inspection). They must use Secretary‑approved forms when issuing certificates of non‑compliance (cl 21(3)) and are bound by the same timeframes to issue certificates within 7 days (cl 21(4)).

Purchasers and sellers of property: Clause 22 creates a transitional rule that affects purchasers. Where premises were acquired after 24 March 2016 and the contract contained a certificate of non‑compliance, the purchaser benefits from a temporary easing of the prescribed standards. For the first 90 days after acquisition, or until completion of rectification works, the standard to be complied with is the condition of the barrier at acquisition, unless the certificate stated the pool posed a significant risk to public safety. This allocates short‑term responsibility for remedial work and legal exposure.

Tenants and landlords: Clause 21(8) specifies that a certificate of non‑compliance is not valid during any period in which the premises are subject to a residential tenancy agreement under the Residential Tenancies Act 2010. That rule alters the effect of certificates where residential tenancy arrangements exist.

The Secretary and the Land and Environment Court: The Secretary has administrative approval functions, notably approval of forms for certificates of non‑compliance and for the provision of registration information to the Register (cl 21(3), cl 18(2)). The Land and Environment Court is the designated appeal body for certain decisions of local authorities, and the Regulation requires local authorities to notify owners of appeal rights (cl 12(2), cl 15(2), cl 28).

Members of the public and community groups: The Regulation requires councils to consult the local community when developing inspection programs and to make technical standards and the CPR Guideline available for public inspection (cl 16, cl 29). This gives community actors greater informational access and procedural involvement in inspection programme design.

Overall, the Regulation imposes direct costs and compliance processes on owners, discrete administrative burdens on councils in inspection, recordkeeping and public access, and defines roles and powers for certifiers, the Secretary and judicial appeal pathways for owners dissatisfied with council decisions.

The Regulation prescribes specific duties and confers formal rights in several areas. Below are the principal duties placed on owners, local authorities, certifiers and the Secretary, together with the statutory rights highlighted in the Regulation.

Duties on owners

• Ensure that child‑resistant barriers, windows and doorways comply with the relevant prescribed standards. For outdoor and indoor pools that means complying with the Building Code of Australia for barrier design and maintenance (cl 5(1), cl 8(1)), and for certain access exemptions following AS 1926.1,2007 where applicable (cl 6(1), cl 7). Clause 4 treats compliance with the minimum requirements of the AS or the BCA as compliance for Regulation purposes.
• Erect and maintain prescribed warning signs: owners must ensure that the sign specified in s 17 of the Act contains the exact statements and resuscitation flow chart required by cl 10(1) and is legible from at least 3 metres and maintained in a legible condition (cl 10, cl 11). During construction an occupier must ensure a specific temporary sign is erected and maintained until an occupation certificate or certificate of compliance is issued, with a maximum penalty of 5 penalty units for contravention (cl 10(3)).
• Pay fees when required: inspection fees in the capped amounts and fees for registration information where charged (cl 19, cl 25). If applying for an exemption, pay any local authority fee up to $250 (cl 13).

Duties on local authorities

• Implement community engagement strategies based on social justice principles when developing inspection programs (cl 16). The strategy must consult the local community on inspection programs and reviews.
• Determine exemption applications within 6 weeks or the application is taken to have been refused, and include procedural statements on the application form about deemed refusal and appeal rights (cl 12(1) and (2)).
• Carry out inspections within a reasonable time, defined by the Regulation as 10 business days after receiving a request (cl 17).
• Provide written notice to owners where a pool fails to meet certificate of compliance requirements, specifying date, address, inspection date, reasons and steps required and whether the pool poses a significant risk to public safety (cl 20).
• Issue certificates of non‑compliance in an approved form within 7 days of inspection and enter inspection and certificate information on the Register within 3 business days (cl 21(3), cl 18).
• Make relevant standards and the CPR Guideline available for public inspection free of charge and publish the CPR Guideline on the council website (cl 29).
• Report inspection statistics in the council annual report where required (cl 23).

Duties and powers of certifiers and the Secretary

• Registered certifiers can inspect pools and must issue certificates of non‑compliance when satisfied non‑compliance exists (cl 21(1) and (2)). Registered certifiers are authorised to access the Register (cl 26).
• Forms for certificates of non‑compliance and for providing details to the Secretary for register entry must be approved by the Secretary (cl 21(3), cl 18(2)).

Rights for owners and affected persons

• Owners have an express right to appeal to the Land and Environment Court against a local authority decision to refuse an exemption or to grant one with conditions. Local authorities must notify owners of this appeal right when refusing or imposing conditions (cl 12(2), cl 15(1) and (2)).
• The Regulation prescribes that owners are entitled to the procedural protection of timeframes in processing exemption applications and in the issuance of certificates of non‑compliance (cl 12, cl 21(4)).

Regulatory protections and limits

• Certificates of non‑compliance have temporal limits. They remain valid for one year, cease to be valid if a certificate of compliance is issued, and are not valid while the premises are the subject of a residential tenancy agreement (cl 21(7), cl 21(8)).
• For certain existing pools, compliance may be shown by reference to earlier standards or prior regulations. Clause 30 protects existing compliant barriers from being rendered non‑compliant by later amendments to prescribed standards, provided they continue to comply with the standard that applied immediately before the amendment. Clause 31 allows pools completed before 1 September 2008 to comply with earlier requirements of the Swimming Pools Regulation 1998, unless substantially altered or rebuilt.

Notice and form obligations

• Local authorities issuing directions under s 23 of the Act must include reasons and a statement that the owner can appeal to the Land and Environment Court (cl 28). This embeds procedural information into enforcement directions.

Monetary and enforcement provisions

• The Regulation fixes penalty notice amounts for specified offences under the Act and the Regulation (Schedule 1). It also notes a statutory maximum penalty unit consequence in at least one place (cl 10(3) notes a 5 penalty unit maximum for failing to display construction signage).

These duties and rights form a procedural architecture that aims to make inspection, notice, enforcement and appeal processes standardised across local authorities, while providing specific monetary caps and administrative timeframes intended to contain costs and provide certainty about administrative behaviour.

Enforcement under the Regulation operates through a combination of penalty notice offences, statutory maximum penalties inherited from the Act, certificates of non‑compliance, directions from local authorities, and appeal rights to the Land and Environment Court.

Penalty notice offences and amounts: Schedule 1 to the Regulation lists specific offences for which a penalty notice may be issued under section 35 of the Act and specifies the monetary amount payable under a penalty notice for each listed offence. The Schedule covers certain offences under the Act, including contraventions of ss 7(1), 12, 14, 15(1), 16 and 23(3), with a standard penalty notice amount of $550 for many of those listed offences. It also lists s 17(1) for $110, s 30B(1) for $220, and a Regulation offence cl 10(3) (the temporary construction sign offence) for $110. The Schedule therefore establishes fixed penalty amounts intended to be payable by notice instead of pursuing court action for those listed contraventions.

Statutory maximum penalties and other offences: The Regulation itself notes that some regulatory obligations carry maximum penalties under the Act. For example the temporary construction signage duty (cl 10(3)) is accompanied by a note that the maximum penalty is 5 penalty units. The Regulation does not reproduce the Act’s full penalty schedule, but several cross references indicate that other non‑listed contraventions will attract penalties under the Act’s general provisions.

Certificates of non‑compliance and directions: A principal enforcement tool is the certificate of non‑compliance (cl 21). Where a local authority or registered certifier inspects a pool and is satisfied that requirements for a certificate of compliance are not met, they must issue a certificate of non‑compliance in a Secretary‑approved form (cl 21(2) and (3)) and enter it on the Register (cl 18(2)). A certificate of non‑compliance is valid for one year (cl 21(7)) and remains an instrument that can trigger further statutory enforcement steps. The Regulation refers to s 23 of the Act, under which a local authority may order compliance with Part 2 of the Act (note in cl 21). Directions given by a local authority under s 23 must set out reasons and state the owner’s right to appeal to the Land and Environment Court (cl 28). The certificate of non‑compliance is also specifically exempted from issuance on common property in larger strata or community schemes (cl 21(6)) and is invalid during residential tenancy periods (cl 21(8)).

Procedural time limits for enforcement actions: Timeframes are prescribed for issuing and recording enforcement instruments. A certificate of non‑compliance must be issued within 7 days of inspection, although failure to issue within that period does not affect validity (cl 21(4)). Information relating to inspections and compliance or non‑compliance must be entered on the Register within 3 business days after the inspection where compliance is met (cl 18(1)) or within 3 business days after the inspection by providing details in a Secretary‑approved form where non‑compliance is found (cl 18(2)). These time limits create administrative obligations intended to limit delays in recording enforcement outcomes.

Appeal rights and procedural notices: The Regulation embeds appeal rights into the administrative chain. Where a local authority refuses to grant an exemption or imposes conditions, it must serve notice providing reasons and advising the owner of the right to appeal to the Land and Environment Court (cl 15(1) and (2)). Application forms for exemptions must contain statements that an application is taken to be refused if not finally determined within 6 weeks and that the owner has the right to appeal (cl 12(2)). Directions given under s 23 must also include reasons and a statement regarding appeal rights (cl 28). This standardises the procedural information that must accompany enforcement decisions.

Limitations on enforcement instruments: The Regulation includes a number of limits on where and when enforcement instruments may be applied. For example certificates of non‑compliance must not be issued in respect of swimming pools on common property in strata schemes or community schemes that comprise more than two lots (cl 21(6)). Certificates of non‑compliance are not valid while residential tenancy agreements are in effect (cl 21(8)). These limits remove certain enforcement mechanisms from contexts where other legal structures may govern obligations.

Disclosure and market effects: Clause 22 treats the position of purchasers where a contract of sale contained a certificate of non‑compliance. It provides that, for the first 90 days after acquisition, and until remedial work is completed, the relevant standard for compliance with the Act is the condition of the barrier as at acquisition, unless the certificate stated that the pool posed a significant risk to public safety (cl 22(1) and (2)). This creates a limited temporally framed allocation of compliance responsibility between vendor and purchaser where a certificate has been disclosed in the sale.

Overall, enforcement under this Regulation combines administrative recording and notification duties, fixed penalty notices for particular offences, timeframes for issuing certificates and entering register data, and an appeal route to the Land and Environment Court. The Regulation also circumscribes enforcement in certain property contexts and during tenancy periods.

The Regulation is an instrument subordinate to the Swimming Pools Act 1992 and explicitly interacts with multiple other statutory instruments and standards. Its operation depends on cross‑references and limits created by other laws, and the Regulation also prescribes how it should be read alongside codes and standards.

Interaction with the Swimming Pools Act 1992: The Regulation consistently implements and clarifies the Act’s provisions. Many clauses specify that they are “for the purposes of” particular sections of the Act (for example cl 5(1) for ss 7(1)(b) and 12(d); cl 6(1) for s 8(2); cl 8(1) for s 14; cl 10 for s 17; cl 21 for s 22C and s 22D). The Regulation thus supplies the technical content and administrative processes the Act requires but does not alter the Act’s substantive offences or primary powers. The Regulation also notes that the Act and the Interpretation Act 1987 contain definitions and provisions that affect interpretation (cl 3 note).

Interaction with the Building Code of Australia and Australian Standards: The Regulation prescribes that compliance with certain parts of the Building Code of Australia (BCA) or AS 1926.1,2007 is taken as compliance with the Act in specific circumstances (cl 5(1), cl 6(1), cl 7, cl 8(1), cl 4). Clause 29 requires local authorities to make accessible extracts of applicable Australian Standards, including AS 1926,1986, AS 1926.1,2007, AS 1926.1,2012 and AS 1926.2,2007, and the BCA. Clause 30 determines that when a prescribed standard is amended, existing barriers or means of access that complied with the previous standard continue to be taken to comply so long as they continue to meet the prior standard or any standard that applied when they were altered or rebuilt. Clause 31 similarly permits compliance to be shown by adherence to rules in the earlier 1998 Regulation for pools completed before 1 September 2008. These cross‑references create a layered system where technical compliance with external standards is incorporated into the statutory regime by reference.

Interaction with the Subordinate Legislation Act 1989: Clause 2 confirms that the Regulation replaces the Swimming Pools Regulation 2008, which was repealed on 1 September 2018 by s 10(2) of the Subordinate Legislation Act 1989. The Regulation thus sits as the current subordinate instrument establishing operational rules under the Act.

Interaction with the Land and Environment Court: Several clauses require councils to notify owners of appeal rights to the Land and Environment Court where an exemption application is refused or a direction is given (cl 12(2), cl 15(1) and (2), cl 28). The Land and Environment Court is the judicial forum for those appeals, and the Regulation embeds these rights into application forms and decision notices.

Interaction with strata and community titles legislation: Clause 21(6) specifically excludes common property pools in strata schemes or community schemes with more than two lots from being the subject of a certificate of non‑compliance issued under the Regulation. The Regulation cross‑references the Strata Schemes Management Act 2015 and the Community Land Development Act 2021 to define those terms and contexts where certificates are not authorised. This allocates enforcement responsibility differently in multi‑lot scheme contexts.

Interaction with the Residential Tenancies Act 2010: Clause 21(8) declares that a certificate of non‑compliance is not valid at any time when the premises are subject to a residential tenancy agreement under the Residential Tenancies Act 2010. That creates an interaction where tenancy law temporarily removes the operation of a specified enforcement instrument.

Interaction with the Local Government Act 1993: Clause 23 requires a local authority that is a council to include in its annual report under s 428 of the Local Government Act 1993 the number of inspections carried out under Division 5 of Part 2 of the Act in categories such as tourist and visitor accommodation, premises with more than two dwellings and numbers of certificates issued. This integrates inspection reporting into councils’ statutory financial and governance reporting obligations.

Interaction with Administrative Authorisations: The Regulation requires that certain forms be approved by the Secretary (for example, certificates of non‑compliance cl 21(3) and the form for providing details to the Secretary for Register entry cl 18(2)). That introduces an administrative approval overlay tied to the Department/Secretary, embedding a centralised consistency function into the otherwise localised inspection regime.

Interaction with resuscitation guidance: Clause 10 prescribes that warning signs contain a simple flow chart that “may be the flow chart depicted in the Cardiopulmonary Resuscitation Guideline” and that the techniques set out be in accordance with relevant provisions of that Guideline and other relevant Australian Resuscitation Council guidelines. Clause 29 requires the CPR Guideline to be made publicly available by councils, including on their websites. This ties safety messaging at the pool directly to external, consensus medical guidance.

In sum, the Regulation integrates and incorporates a range of external standards and statutes by reference. It assigns specific procedural responsibilities to local government, but with carve outs and cross‑references that reflect different legal frameworks for strata, tenancy, planning and local government reporting.

The Regulation contains a number of explicit amendment notes within the text, and the opening clauses set its commencement and replacement history. The structural amendments and preserved transitional provisions are as follows.

Commencement and replacement of prior instruments: Clause 2 states that the Regulation commences on 1 September 2018 and replaces the Swimming Pools Regulation 2008. The note to cl 2 specifies that the 2008 Regulation was repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989. Clause 32 contains savings that preserve acts, matters or things that had effect under the 2008 Regulation and carry them forward to the 2018 Regulation. Clause 32(2) preserves certificates of non‑compliance issued under the previous regulation, treating them as unaffected by repeal.

Inserted and repealed clauses: Clause 27 has been repealed; the text notes "27 (Repealed)" and records the repeal in the schedule entries. Clause 26 includes a notation that it was substituted in 2018 (cl 26: Subst 2018 No 63, Sch 3.16[3]). Clause 21 carries amending notes indicating amendments in 2018 and 2021 (cl 21: Am 2018 No 63, Sch 3.16[1][2]; 2021 No 6, Sch 5.20). These notes show that cl 21 was the subject of schedule amendments following the 2018 consolidation and a 2021 amendment, though the Regulation text itself as supplied includes the consolidated wording.

Transitional provisions for earlier standards: Clause 31 preserves the ability of swimming pools constructed before 1 September 2008 to comply by reference to the standards in the Swimming Pools Regulation 1998, unless substantially altered or rebuilt in relevant ways. Clause 30 provides a specific transitional rule for changes to prescribed standards, allowing existing compliant barriers to be treated as compliant after the standard is amended, on stated conditions. These clauses operate as grandfathering provisions that limit retrospective application of changed technical standards.

Secretary‑approved forms and administrative amendments: Clauses 18(2) and 21(3) require Secretary approval for forms used to record non‑compliance and for providing information to the Register. Those approval requirements create a mechanism by which further changes to administrative practice can be made by approved forms rather than by primary amendment to the Regulation text.

Fees and penalty schedule: The Regulation fixes specific fee amounts in cl 13 (exemption application determination fee cap), cl 19 (inspection fees) and cl 25 (registration information fee). Schedule 1 fixes penalty notice amounts. Any later amendment to those amounts would require a formal amendment to the Regulation. The text of the Regulation includes notes that identify certain provisions as having been amended by particular instruments but the consolidated text embodies those changes.

Notational evidence of subsequent legislative action: The presence of amendment annotations in cl 21 and cl 26 show the Regulation has been the subject of targeted amendments since its 2018 commencement. Clause 21’s annotations indicate work in both 2018 and 2021. The Regulation’s provisions governing the Secretary’s approval of forms and the requirement for councils to publish standards suggest that future administrative or procedural changes could be effected without textual amendment to the Regulation by updating approved forms and templates.

Overall, the Regulation preserves continuity between earlier swimming pool regulations and the 2018 instrument, while embedding mechanisms for administrative change through Secretary‑approved forms and giving local authorities obligations that can be operationally varied through guidance rather than statutory amendment.

The Regulation text supplied contains no case law or judicial decisions. It does not name any cases and does not record any judicial interpretations of its provisions. The Regulation itself repeatedly refers to the Land and Environment Court as the appellate forum for decisions under the Act, and requires local authorities to notify owners of their appeal rights (cl 12(2), cl 15(2), cl 28). Beyond the statutory referral to that court as the appeal body, the Regulation does not supply any litigation history, precedent or judicial commentary.

Because the Regulation is an implementation instrument of the Act, disputes arising from its application will typically involve factual determinations from inspections, contested local authority decisions about exemption grants and directions under s 23 of the Act, or appeals concerning the validity or reasonableness of a council decision. The Regulation prescribes administrative steps and forms that influence how evidence and records will be created, for example the requirement to provide written notices detailing reasons and steps required where a pool does not comply (cl 20). Those administrative artefacts are likely to be relevant in any appeal to the Land and Environment Court, but the Regulation itself does not provide judicial interpretation or litigation outcomes.

If a reader requires precedential guidance on how courts have interpreted parallel or overlapping provisions of the Act, or procedural requirements such as the adequacy of reasons provided by a local authority, those must be sourced from case law under the Act. The Regulation does not provide that material.

The Regulation contains specific traps for owners, local authorities and practitioners that can create unexpected legal or administrative consequences. These are concrete points drawn from the Regulation text that warrant attention in practice.

Deemed refusal after six weeks on exemption applications: The application form for a local authority exemption must state that an application is taken to be refused if the local authority does not finally determine it within six weeks (cl 12(2)(a)). Practitioners should note that deemed refusal triggers appeal rights, so a council’s inaction can immediately create a contested matter.

Limited grounds expressly identified for exemptions: Clause 14 identifies the physical disability of an adult occupier that significantly impedes access to the pool as a special circumstance that justifies an exemption. The Regulation does not list other categories as special circumstances in text. That creates a narrow, clearly articulated path for this ground but does not itself expand to other circumstances; councils retain discretion under s 22 of the Act but the Regulation’s text sets a specific example that will be read by councils and appeal courts.

Certificates of non‑compliance and strata/common property: A certificate of non‑compliance may not be issued for a swimming pool on common property in a strata scheme or community scheme that comprises more than two lots (cl 21(6)). If a pool is on common property in a multi‑lot scheme, the local enforcement mechanism under cl 21 will not be available. Practitioners must therefore check title and scheme arrangements before relying on non‑compliance certificates in multi‑lot contexts.

Certificates of non‑compliance not valid during tenancy: Clause 21(8) removes the validity of a certificate of non‑compliance during any period when the premises are subject to a residential tenancy agreement. That means a landlord seeking to rely on a certificate as evidence of non‑compliance during tenancy may be barred from doing so, potentially complicating enforcement or disclosure practices linked to tenancy.

Grandfathering but only until substantial alteration: Clause 30 and cl 31 provide grandfathering for existing barriers and means of access when standards change or where earlier regulation applied. However, the protection is lost if the barrier or means of access is substantially altered or rebuilt, or if premises are substantially altered in a way that affects means of access (cl 30(2)(b), cl 31(3)). Parties should be careful to identify whether proposed works will trigger loss of grandfathering and require immediate compliance with current standards.

Short administrative timeframes for register entries and certificates: The Regulation requires registers to be updated within 3 business days and certificates of non‑compliance to be issued within 7 days of inspection (cl 18, cl 21(3) and (4)). While the Regulation also provides that failure to issue a certificate within 7 days does not affect validity (cl 21(4)), practical timelines for recordkeeping and notification are tight. Local authorities and certifiers must have administrative capacity to meet these short deadlines or risk procedural non‑compliance.

Minor but specific signage content and legibility: The sign content in cl 10 is prescriptive, down to exact wording on multiple statements and the inclusion of a resuscitation flow chart. It must be legible from at least 3 metres (cl 11). Failure to match the required phrasing or to include the flow chart is a technical non‑compliance. A related nuance is that temporary construction signage obligations do not apply before 1 March 2019, per cl 10(4).

Fee caps but not cost recovery: The Regulation caps fees for inspection ($150 first inspection, $100 subsequent) and for provision of registration information ($10) and for exemption determination (up to $250) (cl 19, cl 25, cl 13). Councils cannot charge more than those amounts for the specified services, but the Regulation does not prevent councils from charging distinct fees under other statutory powers. Practitioners should not assume a council will charge only these fees in every circumstance.

Secretary‑approved forms as a control point: Several obligations require using forms approved by the Secretary (cl 21(3), cl 18(2)). The Secretary’s role in approving form content can materially affect how certificates and register entries are implemented. Administrative change to forms may alter process without amending the Regulation text.

Public access to standards may be limited to extracts: Clause 29 requires local authorities to make an electronic version and, on request, a paper copy of a relevant extract of applicable standards and the BCA available free at public offices. The Regulation does not require a complete copy of the standards to be available free of charge, only a relevant extract. Practitioners should confirm the scope of the extract councils hold.

Deemed compliance with minimum standard requirements: Clause 4 treats compliance with the minimum requirements of the named standards as sufficient for regulatory compliance. Where an owner meets the minimum requirements but not higher performance claims in later standard editions, the Regulation takes the minimum as determinative.

Inspection categories and reporting obligations: Clause 23 requires councils to report the number of inspections of tourist and visitor accommodation, premises with more than two dwellings and to report certificates issued. Councils not used to this reporting may need to build administrative systems to capture the required categories and counts.

These points indicate areas where technicalities and administrative design choices create practical consequences that must be managed proactively.

Compliance is driven by three practical workstreams: ensure technical compliance with prescribed standards, follow administrative and notification steps for inspections and exemptions, and meet signage and public access obligations. The Regulation gives clear benchmarks, fees and timeframes; aligning operational procedures to them will reduce regulatory friction.

1. Establish which standard applies to the pool and document baseline compliance

• For outdoor and indoor pools check whether the Building Code of Australia is the prescribed standard for barrier design, construction, installation and maintenance (cl 5(1), cl 8(1)). For specific residential access exemptions check AS 1926.1,2007 requirements and the foothold limitation in cl 6(1)(b) where windows provide access from a residential building. For large or waterfront property exemptions cl 7 refers to AS 1926.1,2007.
• Keep physical measurement records using the Regulation’s testing apparatus definition (cl 3) where a test of openings is required. The Regulation defines the testing apparatus dimensions and characteristics and that measurement is the mechanical standard against which openings are to be assessed.

2. Signage and legibility

• Install the warning sign required by cl 10(1) with the exact statements: “Young children should be actively supervised when using this swimming pool”, “Pool gates must be kept closed at all times”, and “Keep articles, objects and structures clear of the pool fence at all times”. Include a simple resuscitation flow chart consistent with the ANZCOR Guideline and a statement that formal instruction in resuscitation is essential. Display the name of the publishing body of the sign and the date of publication (cl 10(1)(a) to (d)).
• Ensure signs are legible from at least 3 metres and are maintained in a clearly legible condition (cl 11).
• For pools under construction, erect the temporary sign that states “This swimming pool is not to be occupied or used” in a prominent position until an occupation certificate or certificate of compliance is issued. Note the Regulation’s effective date for that obligation after 1 March 2019 and the maximum penalty of 5 penalty units (cl 10(3) and (4)).

3. Inspection readiness and fees

• Prepare for periodic inspection by local authorities. If the owner requests an inspection, councils have 10 business days to carry it out (cl 17). Where a local authority conducts an inspection, be prepared to pay the capped fee: $150 for the first inspection since acquisition or first inspection since a certificate of compliance ceased to be valid, $100 for subsequent inspections (cl 19).
• If an inspection finds non‑compliance expect a written notice specifying the inspection date, address, reasons and steps to remedy, and an opinion on whether the pool poses a significant risk to public safety (cl 20). Use that notice as the basis for any remediation plan and recordkeeping.

4. Certificates and Register entries

• If a local authority or registered certifier issues a certificate of non‑compliance it must be issued in a Secretary‑approved form within 7 days of the inspection (cl 21(3), (4)). Maintain copies of any certificate and track its validity period of one year unless a certificate of compliance is later issued (cl 21(7)).
• Be aware that certificates of non‑compliance may be entered on the Register and that both certificates of compliance and non‑compliance must be entered or reported within 3 business days after inspection, so timely updates to the Register can be expected (cl 18(1) and (2)).

5. Exemptions

• If seeking an exemption under s 22 of the Act apply on the form approved by the local authority. The form must state that a deemed refusal occurs if the authority fails to finally determine the application within 6 weeks, and that the owner has appeal rights to the Land and Environment Court (cl 12(1) and (2)). Prepare evidence where a special circumstance such as the physical disability of an adult occupier is relied upon (cl 14).
• Expect to pay any local authority fee for assessing the exemption up to $250 if the council has set such a fee (cl 13).

6. Sale, purchase and tenancy considerations

• For purchasers, if the contract of sale contains a certificate of non‑compliance and the acquisition date is after 24 March 2016, note that the prescribed standard for the initial 90 days after acquisition is the condition of the barrier at acquisition unless the certificate specifies a significant risk to public safety (cl 22(1) and (2)). Buyers and sellers should explicitly address rectification timing in contracts where such certificates are disclosed.
• For landlords and tenants, remember that a certificate of non‑compliance has no effect while the premises are subject to a residential tenancy agreement under the Residential Tenancies Act 2010 (cl 21(8)). This affects enforcement levers and timing for remedial works.

7. Recordkeeping, forms and the Secretary’s approvals

• Use Secretary‑approved forms where required. Certificates of non‑compliance and the form for providing non‑compliance details to the Secretary for Register entry must be the approved form (cl 21(3), cl 18(2)). Develop administrative processes to capture inspection outcomes, correspondence, repair evidence and any approvals or exemptions.
• Track the Register entry deadlines and ensure copies of compliance certificates and non‑compliance certificates are archived. Local authority and certifier practice must meet short timeframes for issuing and recording outcomes.

8. Access to standards and community engagement

• Local authorities must make relevant extracts of the applicable Australian Standards, the BCA and the CPR Guideline available free of charge at public offices and make the CPR Guideline available on their website (cl 29). Owners, builders and certifiers should rely on those local access points to review the applicable technical requirements.
• For councils developing inspection programs include a clear, documented community engagement strategy premised on equity, access, participation and rights and consult the local community on inspection program design and review, as required by cl 16.

9. Monitoring enforcement exposure

• Review Schedule 1 to identify penalty notice amounts that may apply to contraventions likely to be relevant in practice. For example s 7(1), s 12, s 14 and some other Act provisions have $550 penalty notice amounts specified (Schedule 1). Plan compliance activity to reduce exposure to penalty notices and to ensure timely remediation where non‑compliance is found.

10. Work plans for upgrades and alterations

• Before substantially altering or rebuilding a barrier or means of access, determine whether the work will cause the installation to lose grandfathered status under cl 30 and cl 31. If substantial alteration is planned, align proposals to current prescribed standards to avoid triggering immediate non‑compliance.

By mapping operational practice to the Regulation’s specified standards, forms and timeframes, owners, certifiers and councils can reduce regulatory uncertainty. Attention to the Regulation’s specific definitions, Secretary‑approved form requirements and the narrow procedural windows will materially affect how quickly compliance can be documented and how readily dispute risks can be contained.