The Issue

The NSW Government is remaking the Swimming Pools Regulation 2008, which will automatically be repealed on 1 September 2018. NSW Fair Trading has prepared a proposed Swimming Pools Regulation 2018 (proposed Regulation) and an accompanying Regulatory Impact Statement for public consultation.

The proposed Regulation supports the Swimming Pools Act 1992 (the Act) and features changes to further improve the operation and administration of the Act. The Act sets out the responsibilities of pool owners and generally requires that pool access be restricted by a child-resistant barrier to protect young children. The proposed Regulation sets out the detail required for the effective operation of the Act.

On 1 January 2018, the administrative responsibility for swimming pools transferred from the Office of Local Government to NSW Fair Trading. This transfer is part of a wider Government program to consolidate regulatory schemes to improve business conditions and streamline access to Government services in NSW.

As a result of the transition, the proposed Regulation was developed by NSW Fair Trading, with input and advice from the Office of Local Government. The proposed Regulation (PDF, 314.21 KB) and accompanying Regulatory Impact Statement (PDF, 750.77 KB) were made available for industry and the public to provide comments.

The changes that are contained in the proposed Regulation include:

• enabling local authorities to charge fees for third and subsequent pool inspections, and increasing the maximum fees that local authorities may charge for exemption applications (to match the maximum fee applicable for first inspections of pools)
• imposing a new obligation to display a warning notice while a swimming pool is being constructed, and making it an offence for failing to comply with that obligation (this obligation was recommended by the NSW Coroner’s Court)
• changes to warning notices that are already required to be displayed under the Act
• improving public access to applicable Australian Standards, not just AS 1926.1 - 2007
• requiring certificates of non-compliance to be entered into the Swimming Pools Register
• changes to improve the flexibility or clarify aspects of the Regulation.

Fair Trading will review all comments received as part of the consultation process, and these may inform further amendments to the proposed Regulation. Targeted consultation may also be undertaken on any key issues identified. If you submitted comments, you will be notified when the proposed Regulation is finalised.