TENNANT CREEK (SWIMMING CENTRE) BY-LAWS 1989

The by-laws introduce several key statutory concepts that define the scope of the regulatory scheme. The centre is defined broadly to include not only the swimming pools but also all associated land, fencing, turnstiles, dressing cubicles, shower recesses, spectator stands, plant room, seating, lavatories, barbecue areas, and other structures erected for the use and convenience of persons using the centre or for its operation. This expansive definition means that the by-laws apply to every part of the facility, not just the water. The pool means a swimming pool within the centre and includes a wading pool, which is relevant to provisions about water contamination and conduct.

The division between adult (aged 15 and over) and child (under 15) is central to several provisions. A child under 8 cannot be left at the centre unless in the custody and control of an adult who has undertaken to be responsible for the child’s safety and good behaviour (by-law 8(1)(u)). Adults accompanying a child under 8 must ensure the child obeys the by-laws and make provision for the child’s safety (by-law 8(4)). The gender segregation rule in by-law 8(5) applies to persons over the age of 4, creating an additional age threshold.

The manager is the person appointed by the council to control and manage the centre, including anyone acting in their stead or on their behalf. The manager exercises substantial discretion: setting session times (by resolution of the council, but the manager implements), giving reasonable directions, requesting identity documents from season ticket holders, forming opinions about indecent or insufficient clothing, deciding whether ball games limit others’ enjoyment, and refusing admission. The manager also has powers of removal and detention under by-law 12(1) - a significant power that raises legal questions about false imprisonment.

The session is defined as the period of admission on a day as determined from time to time by the council during which the centre is open to the public. This allows the council to break the day into discrete periods, presumably to manage capacity or differentiate charges. A season ticket entitles the holder to admission for such number of sessions as the council determines, upon payment of the prescribed charge. It is non-transferable and may only be used by the person in whose name it is issued. The manager may refuse admission to a person using a season ticket where the manager reasonably believes the person is not the ticket holder. The list of season ticket holders must be kept at the centre.

Prescribed charge means a charge determined by the council under by-law 3(2)(b). The council determines admission charges and season ticket fees by resolution from time to time. This is a standard municipal pricing power, but it is exercisable by resolution rather than by publication or gazettal, which may affect notice to users.

The concept of own risk in by-law 6(1) is a contractual exclusion of liability: “A person using the centre does so at that person’s own risk.” This is a very broad disclaimer that would likely be challenged under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) if it excludes liability for death or personal injury caused by negligence, since such exclusion clauses are void in consumer contracts for goods or services (section 60 of the ACL implies a guarantee of due care and skill, and section 64 renders exclusion clauses for such guarantees void). The by-law also disclaims liability for loss of valuables deposited with the manager, provided a notice is displayed. This disclaimer may not protect the manager if the loss occurs due to the manager’s own negligence, but the text purports to exclude all liability. The effectiveness of these disclaimers depends on whether the centre is providing services to consumers and the application of the ACL.

The exclusive use regime allows a person to apply for sole access to the centre for a specified period and purpose. The council may grant permission on such conditions as it thinks fit. The applicant must provide a detailed program of activities at least 14 days before, and the clerk must approve, vary, or reject it at least 7 days before. This creates a regulatory hurdle for private events, effectively requiring council pre-clearance of activities. The person granted exclusive use is responsible for ensuring all attendees comply with the by-laws, a form of vicarious liability.

Coaching for reward is prohibited without the council’s written consent, which may be granted subject to conditions. This restricts private enterprise: anyone wanting to give paid swimming lessons must obtain council approval, giving the council control over a potentially competitive market. No criteria are specified for granting or refusing consent, granting the council unfettered discretion.

Enforcement is primarily in the hands of the manager: removal, detention, and handover to police. The council may also issue a direction to ban a named person. No appeal mechanism is provided for these decisions. The penalties are modest ($200 for specified offences), but the drafter has left many offences without an express penalty, an anomaly that could render some prohibitions unenforceable by fine.

The by-laws directly affect several groups: users of the swimming centre (adults, children, families), the council as operator, the manager as day-to-day controller, persons wishing to use the centre privately or provide commercial services, and third parties such as police.

Users are the most directly affected. Any member of the public who wants to swim or use the centre must comply with the by-laws or face removal, detention, or a $200 fine (for those offences that carry a penalty). The by-laws impose a significant compliance burden: users must not only avoid obvious misconduct like drunkenness or theft, but also mundane acts such as running, using soap outside showers, spitting, eating in dressing cubicles, leaving a tap running, or playing ball games without manager approval. Users must also obey all “reasonable directions” of the manager, which grants the manager broad discretion to regulate behaviour beyond the listed offences. The requirement to produce documentary identity to the manager when using a season ticket is a privacy intrusion that may deter some from purchasing season tickets, especially those without standard ID. For parents and guardians of children under 8, the by-laws impose positive duties to ensure the child’s safety and obedience of the by-laws - essentially making the adult vicariously liable for the child’s conduct. An adult who leaves a child under 8 unattended commits an offence. The gender segregation rule affects persons over 4, meaning preschool-aged children must use appropriate facilities.

The council is the rule-maker and operator. It must determine admission charges, season ticket prices, session times, and opening days by resolution. It can restrict or prohibit public access on specific days. It must appoint a manager. The council can grant exclusive use permissions and coaching licences on conditions it sees fit. The council is exposed to potential liability despite the broad disclaimers in by-law 6, particularly if a user is injured due to negligence in operating the centre (such as defective equipment, poor supervision, or water quality). The disclaimer may offer some protection but is unlikely to withstand a negligence claim or consumer law challenge.

The manager is the key enforcer. The manager must exercise judgment about intoxication, indecent clothing, ball games, noise, and other matters. The manager has the power to remove persons, detain them, and hand them to police. This is a substantial coercive power that could expose the manager to civil claims for false imprisonment or assault if exercised without proper grounds. The manager must keep a register of lost property, report monthly to the clerk, and display required notices. The manager may also be required to produce the register for inspection.

Coaches and instructors who wish to teach for reward must obtain the council’s written consent. This creates a barrier to entry for independent swimming instructors, personal trainers, or schools wanting to hire the centre for lessons. The council can impose conditions and may refuse consent without stated reasons. This can reduce competition and increase prices for swimming instruction, benefiting the council if it provides its own lessons but potentially harming private businesses.

Exclusive hire users (such as schools, clubs, or individuals holding private parties) must apply in writing, provide a program 14 days in advance, and have the program approved 7 days before. This imposes a lead time and restricts spontaneity. The council can impose conditions it thinks fit, which may include extra fees or restrictions on activities. The user becomes responsible for enforcing the by-laws against all attendees - a form of strict liability.

Persons directed to be excluded under by-law 12(3) are affected: the council can issue a written direction to the manager that a named person not be admitted. This is a banning order without any hearing, appeal, or time limit specified. The affected person is supposed to receive a copy of the direction “wherever possible”, but not necessarily in all cases. This raises natural justice concerns.

Police may become involved when the manager detains a person and requests assistance. The by-laws do not confer any new police powers; the manager can only give the person into police custody. Police would then need to rely on their existing powers to arrest for an offence.

Property owners and finders of lost property are affected by the lost property regime. A finder must immediately deliver the article to the manager. The manager must register claims, and the council disclaims liability for lost or stolen property. Unclaimed items after one month are handed to police for disposal under other laws. This means that valuable items may be lost to the finder if they comply with the by-law, as no reward is provided.

Commercial entities that might want to install vending machines, advertising, or run events at the centre are not addressed in the by-laws. The exclusive use and coaching provisions are the only mechanisms for commercial use, and they require council approval. This gives the council a monopoly on commercial activity at the centre.

The by-laws impose a matrix of duties on users, the manager, and the council, and grant certain rights - though rights are less explicit than duties.

Duties imposed on users are extensive. By-law 7(1) requires obedience to all reasonable directions of the manager regarding conduct or regarding children under 8 in the user’s custody. This is a catch-all duty that can be used to regulate any behaviour not otherwise covered. By-law 8 lists over 20 specific prohibitions. Users must not enter if intoxicated, bring or possess alcohol or drugs, appear indecently or insufficiently clad (and must resume ordinary clothing if required), use soap outside showers, behave unseemly, fail to shower before first entering the pool, smoke in prohibited areas, eat in dressing cubicles, climb fences or roofs, waste water, spit in the pool or concourse, use substances that discolour water, damage property, discharge litter outside receptacles, damage taps or locks, damage barbecue facilities, damage trees or turf, bring dogs or other animals, interfere with others by throwing or pushing, enter a pool with a cutaneous infection or contagious disease or while unclean, cause a nuisance, leave a child under 8 unattended, run, play ball games or take actions that limit others’ enjoyment without manager approval, and make excessive noise. In addition, a male over 4 must not enter female-designated areas and vice versa, and no one may enter an occupied shower recess or cubicle without consent. A person who is subject to a ban under by-law 12(3) must not enter or attempt to enter. A person using a season ticket must produce documentary evidence of identity if requested. A finder of lost property must deliver it to the manager immediately. A person who pays the admission charge or holds a season ticket has the right to enter and use the centre in accordance with the by-laws, subject to the manager’s directions and the council’s power to restrict access on specific days. There is no right to a refund if the session is cut short or the centre is closed without notice. A user may deposit valuables with the manager, but this is a right to deposit, not to recover if lost. A person may apply for exclusive use or for coaching consent, but there is no right to have the application granted; the council has discretion.

Duties of the manager include: controlling and managing the centre; enforcing the by-laws; keeping a register of lost property and entering descriptions and particulars; reporting monthly to the clerk about lost property; producing the register for inspection; displaying a notice about the limitation on liability for valuables; displaying notices about hours of admission; requesting identity documents from season ticket holders when reasonably believed to be using another’s ticket; refusing admission to persons convicted of an offence against the by-laws; and not admitting a person who is the subject of a council direction. The manager also has the power to remove or detain persons who contravene the by-laws and to hand them to police. The manager must make the by-laws available for perusal at the centre on request.

Duties of the council include: determining by resolution the days the centre will be open, session durations, admission charges, and season ticket charges; determining the form of season tickets; restricting or prohibiting public access on specific days (by posting notice); appointing a manager; receiving and deciding applications for exclusive use of the centre (with the clerk handling program approval); issuing written consents for coaching for reward, subject to conditions; issuing written directions banning a person from the centre; and providing copies of such directions to the named person where possible. The council may also approve or reject exclusive use program details through the clerk.

Rights of the manager are substantial. The manager may refuse admission to anyone convicted of an offence against the by-laws (by-law 12(2)). The manager may request a person to leave or may detain and hand them to police (by-law 12(1)). The manager may form opinions about intoxication, indecent clothing, and whether ball games limit others’ enjoyment. The manager may give reasonable directions (by-law 7(1)). These powers are not subject to appeal in the by-laws. There is no requirement to give reasons for exclusion, detention, or direction.

Rights of the council include the right to approve or reject exclusive use applications, to impose conditions on exclusive use, to set prices, to restrict public access, and to ban named persons. These powers are largely unfettered by objective criteria. The council may also give written consent to coaches on conditions it thinks fit.

Rights of the public are limited to the right to enter and use the centre upon payment or presentation of a season ticket, subject to the by-laws. There is a right to peruse the by-laws at the centre. There is a right to deposit valuables, but this carries no guarantee. There is a right to claim lost property if the claimant satisfies the manager of ownership. There is a right to apply for exclusive use or coaching consent, but no right to have the application granted. There is a right to receive a copy of a banning direction “wherever possible”. There is no right to a hearing before exclusion, to reasons for refusal of a coaching or exclusive use application, or to challenge the manager’s decisions.

Enforcement under the by-laws is a mix of immediate coercive action by the manager and monetary penalties for specified offences. The framework raises several practical and legal issues.

Monetary penalties. Only five provisions expressly carry a $200 penalty: entering without permission through the proper entrance (by-law 3(1)), failing to comply with a manager’s request for identity evidence when using a season ticket (by-law 4(4)), entering or attempting to enter using another’s season ticket (by-law 4(5)), obstructing or interfering with the manager or allowing a child under 8 to do so (by-law 7(2)), and making a noise that adversely affects another person’s enjoyment (by-law 8(8)). Notably, the great majority of offences listed in by-law 8 - including intoxication, indecent clothing, spitting, running, damaging property, bringing dogs, entering with a contagious disease, and leaving a child unattended - do not have an express penalty attached in the text of the by-law. This is a serious drafting ambiguity. It may be that the $200 penalty at the end of by-law 8(8) is intended to apply to all subclauses of by-law 8, but standard drafting practice would place a penalty after each subclause or in a separate provision. Alternatively, the Local Government Act 2008 may provide a default penalty for breaches of by-laws, but the by-laws themselves do not refer to that. If no penalty is legally applicable, those offences are effectively unenforceable by fine, leaving only removal or detention as remedies. This gap could be exploited by users. The manager cannot issue infringement notices for those offences unless the enabling Act provides.

Removal and detention. By-law 12(1) gives the manager the power to “remove from the centre” any person who contravenes or fails to comply with the by-laws, or to “detain” that person and give them into the custody of a member of the Police Force. This is a private power of arrest. The manager may request police assistance at any time. This power does not require a warrant or a charge. The person detained is held by the manager and handed over to police. The by-laws do not specify what happens afterwards: presumably police would need to charge the person with an offence under the Local Government Act or other law. The detention power could expose the manager to civil liability for false imprisonment if the detention is not based on reasonable grounds. There is no time limit on the detention before police arrive. This power is unusual for a local council by-law and may conflict with principles of criminal procedure and the right to liberty. The manager essentially becomes a private citizen exercising a custodial power, which courts would scrutinise strictly.

Refusal of admission. The manager may refuse to admit a person who has been convicted of an offence against the by-laws (by-law 12(2)). This is a permanent ban, but only applies after conviction. It does not cover acquitted persons nor those merely charged. The council may also issue a written direction to the manager that a specific person not be admitted (by-law 12(3)). This direction does not require a conviction or any prior wrongdoing, and it appears to be of indefinite duration unless the council revokes it. The council must “wherever possible” give a copy of the direction to the named person. This is a banning order without a hearing or right of appeal. It could be used arbitrarily, though the Local Government Act might impose some constraints. A person who enters despite such a direction commits an offence under by-law 8(6), though again no penalty is specified for that offence.

Enforcement by police. The by-laws do not confer powers on police directly; police assist the manager when requested. The manager may detain and hand the person into police custody. Police would then need to proceed under their general powers. For offences with a $200 penalty, police could issue a penalty notice under the Local Government Act or summons. For other offences, police may need to rely on other laws (e.g., public drunkenness, disorderly conduct) if the by-law does not provide an enforceable penalty.

Manager’s discretion. The manager has wide discretion: forming opinions about intoxication, indecent clothing, whether ball games limit enjoyment, whether a person using a season ticket is the correct person, and what directions are “reasonable”. There are no objective criteria. A user who feels the manager acted unreasonably could seek judicial review, but that is costly. The by-laws provide no internal appeal mechanism.

Practical enforcement challenges. The manager is a single person (or staff). Policing all the prohibited acts, especially minor ones like spitting or running, is difficult. The by-laws rely on self-compliance. The $200 penalty may be too low to deter egregious misconduct, while removal may be the primary tool. The lack of penalty for many offences may lead to under-deterrence. The power to detain may be used sparingly due to legal risk. The council’s banning direction power is a more efficient way to exclude persistent troublemakers, but it lacks procedural fairness.

Alternative enforcement. The council may also be able to seek an injunction or damages for breach of by-laws in a civil proceeding, but this is not mentioned in the text. The by-laws likely create offences only, not civil causes of action.

Lost property enforcement. Failure to deliver found property to the manager is an offence (implied by by-law 9(1): “A person shall … immediately deliver the article to the manager”), but no penalty is specified. The finder could be removed from the centre.

Summary of enforcement framework: The by-laws give the manager strong coercive powers (removal, detention, refusal of admission) but a patchy and ambiguous penalty structure for fining. This may encourage the manager to rely on discretionary exclusion rather than fines. The absence of appeal rights may create legal exposure for the council and manager.

The by-laws are made under the Local Government Act 2008 (NT) and operate as subordinate legislation within that framework. The Local Government Act would specify the council’s power to make by-laws and the general enforcement mechanisms, including default penalties and the ability to issue infringement notices. The by-laws do not incorporate any such provisions explicitly; a practitioner would need to cross-reference the Act to understand the full enforcement scheme.

Interaction with the Australian Consumer Law. The broad disclaimer in by-law 6 - “A person using the centre does so at that person’s own risk” - purports to exclude all liability for personal injury or property loss. Under the ACL, a supplier of services (here, the council operating the centre) provides services to consumers; the ACL implies a guarantee that services will be provided with due care and skill (section 60). Any term that purports to exclude, restrict, or modify the application of that guarantee is void (section 64). For services that involve the risk of death or personal injury, the guarantee of due care and skill cannot be excluded at all (section 64A). Therefore, by-law 6(1) is almost certainly void to the extent it seeks to exclude liability for personal injury caused by the council’s or manager’s negligence. The disclaimer for valuables deposited with the manager may also be void if it excludes liability for negligence. Users who suffer injury due to unsafe conditions (e.g., slippery surfaces, faulty equipment, inadequate supervision) could still sue the council despite the by-law.

Interaction with criminal law and tort. The manager’s power of detention under by-law 12(1) interacts with criminal law. The manager does not have the powers of a police officer. Detaining a person and handing them to police could constitute false imprisonment if the detention is not justified. The common law tort of false imprisonment requires the person seeking to detain to have lawful authority. The by-law provides that authority, but only if the person has contravened or failed to comply with the by-laws. If the manager detains a person erroneously, the manager and council may be liable. The police receiving the detained person must have reasonable grounds to arrest for an offence; if the manager has no reasonable grounds, police may be acting unlawfully. The interaction with the Criminal Code (NT) and police powers legislation is not addressed.

Interaction with anti-discrimination law. By-law 8(5) prohibits males over 4 from entering female-designated areas and vice versa. This may conflict with anti-discrimination legislation such as the Anti-Discrimination Act 1996 (NT) or the Sex Discrimination Act 1984 (Cth). Gender-based segregation is generally unlawful except in limited circumstances (e.g., public toilets, change rooms). The by-law’s blanket prohibition could be challenged, though it might be argued as necessary for privacy. The exception for “part of the centre set apart for females” likely refers to women’s change rooms, which is a standard exemption. However, the by-law does not limit itself to change rooms; it says “a part of the centre set apart for females” - which could include a women’s only swimming session or designated seating area. The council would need to ensure that any other gender-segregated areas (beyond change rooms) are justified by an exception under anti-discrimination law. The provision in by-law 8(5) also prohibits entering an occupied shower recess or dressing cubicle without the occupant’s consent; this is a standard privacy rule but overlaps with possible criminal offences (indecent exposure, sexual assault) which are handled by other laws.

Interaction with public health laws. By-law 8(1)(s) prohibits entry to a pool while suffering from a cutaneous infection or contagious disease. This overlaps with public health legislation under the Public and Environmental Health Act 2011 (NT) which may give health officers powers to exclude persons with infectious diseases. The by-law also requires users to be “clean” - a vague condition that could be enforced subjectively. The requirement to shower before first entering a pool (by-law 8(1)(c)) is a common hygiene rule but not mandated by health laws in all cases.

Interaction with animal control laws. By-law 8(1)(q) prohibits dogs and other animals from entering or remaining in the centre (except guide dogs, presumably, but no exemption is stated). This may conflict with the Disability Discrimination Act 1992 (Cth) which requires access for assistance animals. The by-law does not exempt guide dogs, hearing dogs, or other assistance animals. The council would be obliged to permit such animals despite the by-law; the by-law would be inoperative to the extent of inconsistency with federal law.

Interaction with noise control legislation. By-law 8(8) prohibits noise that adversely affects another person’s use. This sits alongside local government noise abatement by-laws and the Environment Protection Act 2019 (NT) or similar. The by-law’s penalty is $200; other laws may have higher penalties.

Interaction with workplace health and safety. The council as operator owes duties under the Work Health and Safety (National Uniform Legislation) Act 2011 (NT) to ensure the health and safety of workers (including the manager) and others at the workplace. The by-law’s disclaimer does not override these duties. The manager’s powers to remove intoxicated or disorderly persons may be part of the council’s obligations to maintain a safe workplace for staff.

Interaction with the Criminal Code and evidence laws. If the manager detains a person and hands them to police, statements made during the detention or removal may be subject to the rules on admissions and confessions. The manager is not a law enforcement officer, so the Police Administration Act cautions may not apply, but the circumstances might be considered oppressive. The detention is a form of arrest without warrant, and the legality of the arrest will be judged under common law.

Interaction with the Local Government Act itself. The by-laws are subordinate to the Act. The Act likely provides that a by-law is void if inconsistent with the Act. The Act may also prescribe a maximum penalty for by-law offences (commonly 20 penalty units). The by-laws do not reference penalty units, but $200 at 1989 values may have been the maximum. The Act may also provide for the service of infringement notices, appeals, and enforcement in the Local Court. The by-laws are silent on these matters.

Interaction with contract law. A person entering the centre pays an admission charge; this creates a contract. The by-laws are likely incorporated as terms. The risk disclaimer would be a term, but, as noted, may be void under the ACL. The council could still rely on the term for property loss not caused by negligence. The season ticket is a contract for multiple sessions; the by-laws do not address refunds if the centre is closed or the session cancelled. The council may rely on by-law 5(2) to restrict access without compensation. The user has no contractual right to a refund.

Interaction with the Personal Property Securities Act 2009 (Cth). Lost property handed to police after one month may become subject to that Act, but the by-laws do not address this.

The Tennant Creek (Swimming Centre) By-laws 1989 were notified in the Northern Territory Government Gazette as Subordinate Legislation No. 17 of 1989 on 9 August 1989 and commenced on the same date. They were made under the Local Government Act 2008, which suggests the parent Act has been repealed and replaced since 1989; however, the by-laws continue in force under transitional provisions of the current Act. The endnotes to the version provided list only one general amendment: the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) made formal amendments to by-law 1 (the short title). The exact nature of that amendment is not specified, but it likely updated the citation format or reference to the parent Act. No substantive amendments are recorded. This means the by-laws have remained in substance unchanged for over 35 years. The original 1989 text reflects the social norms, pricing, and regulatory philosophy of that era. The $200 penalty has never been increased, which means its real value has eroded significantly due to inflation. In 1989, $200 was a relatively serious fine; today it is modest, potentially weakening deterrence. The definitions of “adult” as age 15 and “child” as under 15 have not been updated to reflect changes in the age of majority (now 18 in the NT) or child protection laws. The by-laws do not reflect later legal developments such as the Australian Consumer Law (2011), the Work Health and Safety Act (2011), modern anti-discrimination law, or contemporary privacy standards. The manager’s powers of detention and the broad risk disclaimer would be more legally precarious today. The absence of an amendment history suggests the by-laws are not actively reviewed or updated. The council may rely on them as a cost-free default regime, but they carry legal risk. Users and practitioners should note that the by-laws are likely not a current reflection of the law; they may be displaced by inconsistent legislation or found to be invalid in part. The council may have replaced them with newer by-laws, but the version provided is “as in force at 9 August 1989,” meaning the text is historical. The by-laws may still be in force if not repealed, but given the age, there is a real possibility they have been superseded. No amendment is noted after 1989 except the minor 2018 formal change. This is a red flag for compliance: the by-laws may not be enforceable as written.

The by-laws themselves do not reference any litigation, and no reported cases are mentioned. As a local government by-law for a specific swimming centre in a small town, litigation is likely rare. However, several areas could generate disputes. The manager’s power to detain persons and hand them to police could lead to claims for false imprisonment or assault if exercised improperly. No reported cases from the Northern Territory are known, but hypothetical claims could arise. The gender segregation rule could be challenged under anti-discrimination law. The exclusion provisions (by-law 12(2) and (3)) could be challenged for lack of natural justice, especially if a person is banned without a hearing. The council’s discretion to grant or refuse coaching and exclusive use applications could be challenged if exercised arbitrarily, but the by-laws provide no criteria, making judicial review difficult. The risk disclaimer has not been tested in the context of this by-law. The lack of penalties for most offences could be challenged as invalid if the parent Act requires a maximum penalty for by-law offences. Given the age of the by-laws and the possibility they are no longer operative, any litigation would likely begin with a challenge to their validity. A practitioner searching for case law on these by-laws would find none reported, suggesting they have not been a source of major disputes. This does not mean they are compliant; it may mean they are rarely enforced or that the centre is no longer operating under them.

The by-laws contain numerous traps for unwary users, managers, and council staff.

1. The unpenalised offences. The list of offences in by-law 8(1)-(7) and (s)-(v) does not specify a penalty. Only by-law 8(8) (noise) carries a $200 penalty. If a user spits, runs, climbs a fence, brings a dog, or leaves a child unattended, there is no express fine. The manager may remove or detain the person, but cannot issue a penalty notice. This ambiguity makes enforcement unpredictable. A court might interpret the penalty at the end of by-law 8(8) as applying to all of by-law 8, but that is not clear. The better view is that the drafter meant the $200 penalty to apply only to noise. The absence of penalties may render those prohibitions unenforceable by fine.

2. The broad risk disclaimer. By-law 6(1) says “A person using the centre does so at that person’s own risk.” This is almost certainly void under the Australian Consumer Law for personal injury caused by negligence. Users who are injured due to the council’s fault are not bound by this clause. However, users may not know that, and the manager may rely on it to discourage claims. The disclaimer for valuables (by-law 6(2)) may also be ineffective if the manager is negligent.

3. Manager’s power of detention. By-law 12(1) allows the manager to detain and hand a person to police. This is a private arrest power. There is no requirement that the manager have reasonable grounds, only that the person has contravened the by-laws. The manager could be mistaken. The person detained could sue for false imprisonment. The police may refuse to accept the detained person if the grounds are insufficient. There is no limit on how long the manager can hold the person before police arrive. This is a high-risk power.

4. Banning direction without process. By-law 12(3) allows the council to direct the manager to exclude a named person. There is no notice, no hearing, no reasons, no time limit, and no appeal. The council could ban a person for any reason or none. The person may not even receive a copy of the direction (it says “wherever possible”). This is a drastic measure that could violate procedural fairness. A court could quash the direction as unreasonable or invalid.

5. Gender segregation from age 4. By-law 8(5) prohibits males over 4 from entering female-designated areas and vice versa. This means a boy aged 5 must use male facilities, even if accompanied by his mother. This could be impractical for families. The rule does not exempt assistance animals (guide dogs). It could conflict with anti-discrimination laws if applied beyond changing rooms.

6. No refund for closure. By-law 5(2) allows the council to restrict or prohibit public access on specific days by posting a notice. No refund or credit is provided for season ticket holders or those who have paid admission. The council could close the centre for a private event or maintenance and keep the fees.

7. Duty to ensure child under 8 obeys by-laws. By-law 8(4) imposes on the accompanying adult a duty to ensure the child obeys the by-laws and to ensure or make provision for the child’s safety. This is a strict duty - the adult may be removed or fined even if the child acts out despite supervision. The adult is effectively the child’s guarantor.

8. No smoking rule limited to posted signs. By-law 8(1)(d) prohibits smoking only in parts where the council has exhibited a notice prohibiting smoking. If no notice is posted, smoking may be legal elsewhere. This is a passive regime that relies on council action to designate smoke-free areas.

9. Food in dressing cubicles prohibited. By-law 8(1)(e) bans eating in or taking food into dressing cubicles. This includes snacks for children. The council could enforce this strictly, causing inconvenience.

10. Littering rule is narrow. By-law 8(1)(k)(iii) prohibits discharging litter other than into a receptacle labelled as a litter receptacle. If the centre has no labelled receptacle, technically all littering is prohibited? Or perhaps any bin is deemed a receptacle. The labelling requirement creates a compliance trap for the council: if bins are not labelled, users cannot comply.

11. Coaching for reward requires consent. By-law 11 prohibits coaching, teaching, or training for reward without council consent. This applies even to one-off lessons. A parent paying a friend to teach their child could be caught. The council can impose conditions or refuse consent without reasons. This restricts free enterprise.

12. Exclusive use program pre-approval. By-law 10 requires the applicant to forward a detailed program at least 14 days before, and the clerk must approve, vary, or reject it at least 7 days before. This is a tight timeline. If the clerk fails to respond, the event cannot proceed. The program must be followed exactly; any deviation is an offence.

13. Lost property claims. By-law 9(2) requires a claimant to satisfy the manager that they are the owner. The manager may demand evidence or refuse arbitrarily. The council disclaims all liability for lost property, including items in the manager’s custody. The user assumes all risk.

14. By-laws must be available for perusal. By-law 12(5) requires a copy to be kept at the centre and made available on request. If the council fails to do so, a user could argue they were denied notice of the rules, though ignorance is no excuse.

15. No mention of refunds or pro-rata for season tickets. If a season ticket holder is banned under by-law 12(2) or (3), they lose the value of the ticket with no compensation. The council could ban a ticket holder and keep the fee.

16. The definition of “adult” (15 years) is inconsistent with majority. A 15-year-old is an adult for the by-laws but a child for many other laws. This means 15-year-olds can be prosecuted as adults, but also can supervise children under 8? The by-law does not explicitly say an adult must be 18, so a 15-year-old could take responsibility for a child. That may be dangerous.

17. Manager’s power to refuse admission to convicted persons. By-law 12(2) applies to any person convicted of an offence against the by-laws. This is a permanent ban. But “convicted” includes findings of guilt without a penalty. A person who once paid a $200 fine for noise could be forever banned. The manager has discretion to refuse or allow? The text says “may refuse”, so the manager can decide on a case-by-case basis, but the by-law gives no criteria.

18. The penalty for failing to produce ID. By-law 4(4) makes it an offence ($200) to fail to comply with a manager’s request for documentary evidence of identity when using a season ticket. The manager must “reasonably believe” the person is not the ticket holder. If the belief is unreasonable, the person is not obligated to comply? The offence is failing to comply with the request, not the belief. The wording: “the manager may request … and a person shall comply with such a request.” It does not condition the obligation on the reasonableness of the belief. So even if the manager unreasonably thinks the user is not the ticket holder, the user must still produce ID or face a $200 penalty. This is a potential trap.

19. The “own risk” clause and children. By-law 6(1) applies to all users. If a parent brings a child, the parent is using the centre but the child also is a user. The clause would purport to exclude liability for injury to the child. The ACL’s protections apply to consumers, including children. The clause is likely void for the child as well.

20. No requirement for first aid or safety equipment. The by-laws are silent on the council’s obligations to provide lifeguards, first aid, or safe water quality. The risk disclaimer suggests no responsibility, but tort law and state health regulations impose duties regardless.

Compliance depends on whether you are a user, the manager, or the council. Each group faces different steps and risks.

For users:

1. Entry: Approach only through a turnstile or gate designated for entry. Do not enter without paying the admission charge or showing a valid season ticket. If using a season ticket, be prepared to show it and, if requested, produce documentary identity (driver’s licence, passport, student ID) if the manager has any suspicion you are not the named holder. Failure to produce ID on request is a $200 offence.
2. Conduct: Read the notice board for session times and any restrictions. Shower before first entering the pool. Do not use soap outside the shower recesses. Do not smoke except in areas where no “no smoking” sign is posted. Do not bring alcohol, drugs, or animals (including pets; guide dogs may be required by federal law despite the by-law). Do not eat in dressing cubicles. Do not run, climb fences or roofs, waste water, spit, or cause a nuisance. Do not bring any substance that might discolour the water. Do not throw or push anyone. Do not play ball games or do anything that, in the manager’s opinion, limits others’ enjoyment unless you have the manager’s prior approval. Keep noise low; do not use radios or instruments that affect others. Comply with all reasonable directions from the manager.
3. Children: If you have custody of a child under 8, you must ensure the child follows the by-laws and is safe. Do not leave the child unattended. Do not allow the child to obstruct the manager.
4. Lost property: If you find an article you believe is lost or abandoned, deliver it to the manager immediately. You have no claim to it. If you lose something, ask the manager within one month. You may need to satisfy the manager you are the owner and sign a register.
5. Gender-segregated areas: Use the correct changing facilities for your sex. Do not enter an occupied cubicle or shower recess without consent.
6. If you are subject to a ban: Do not enter the centre. You may ask the council for reasons or to revoke the direction, but the by-laws provide no process.
7. Disputes: If you are removed or detained, co-operate but note that you may have legal rights. You can challenge the manager’s decision in court later. Do not resist physically.

For the manager:

1. Admission control: Ensure that no one enters except through the proper entrance, after paying or showing a season ticket. Check season ticket holders’ identity if you have reasonable grounds to suspect misuse. Do not request ID arbitrarily; only where you reasonably believe the person is not the named holder.
2. Notice display: Post all required notices: hours of admission (by-law 5(1)), any changes to opening (by-law 5(2)), the notice about liability for valuables (by-law 6(3)), and any smoking prohibitions. Keep a copy of the by-laws available for perusal.
3. Monitoring: Patrol the centre to enforce all prohibitions. Use your power to give reasonable directions for conduct and child supervision. If you see a breach, you may warn, remove, or detain. Be very cautious about detention: it carries risk of false imprisonment. Only detain if you are certain of the breach and it is necessary to hand the person to police. Call police for assistance. Do not hold a person longer than reasonably necessary.
4. Lost property: Keep a register. Enter descriptions promptly. Allow claimants to inspect and sign if satisfied. Report monthly to the clerk. Do not accept liability. At the expiry of one month, hand unclaimed items to police.
5. Refusal of admission: You may refuse entry to anyone convicted of a by-law offence (check that a conviction actually exists). You must also refuse entry to anyone named in a valid council direction under by-law 12(3). Keep a list of such persons.
6. Exclusive use and coaching: Ensure that anyone using the centre for paid coaching has written council consent. For exclusive use events, check that the council has granted permission and that the clerk has approved the program. Assist the exclusive user in ensuring attendees comply.
7. Record-keeping: Maintain the lost property register, season ticket holder list, and any directions from council. Document all removal and detention incidents.

For the council:

1. Resolutions: Pass resolutions setting session times, days of operation, admission charges, and season ticket charges. Ensure these are posted at the entrance. Review regularly.
2. Appoint a manager: Ensure the manager is properly appointed and aware of their powers and limits. Provide training on detention, discrimination, and consumer law.
3. Exclusive use applications: Process applications in writing. Obtain sufficient details. Grant on conditions as thought fit. Ensure the clerk approves, varies, or rejects the program within the timeline (7 days before). Communicate decisions in writing.
4. Coaching consents: Develop criteria for granting consent to avoid arbitrary refusals. Issue written consents with any conditions. Keep records.
5. Banning directions: Before issuing a direction under by-law 12(3), consider whether procedural fairness requires notice and a hearing. Although the by-law does not require it, a court may imply natural justice. Keep the direction in writing and give a copy to the person. Review bans periodically.
6. Compliance review: Given the age of by-laws, consider repealing and remaking them with modern drafting. Update penalties to reflect current penalty unit values. Clarify which offences carry penalties. Remove or narrow detention powers. Review risk disclaimer for ACL compliance. Add exemptions for guide dogs. Update definitions for age (e.g., adult as 18). Ensure consistency with current parental responsibility laws.
7. Insurance: Obtain public liability insurance. The risk disclaimer is not a complete shield. Ensure adequate coverage for personal injury and property claims.
8. Public notifications: Ensure that the notice board at the entrance displays all required information: hours, closures, no-smoking zones, liability limitation for valuables. Keep a copy of the by-laws available.
9. Legal advice: Seek legal advice on the enforceability of key provisions, especially detention and banning powers, before using them. Consider the potential for human rights challenges (NT has a Human Rights Act? Not in the NT, but common law rights exist).