In New South Wales all swimming pools located in a property are governed by the safety legislation known as the Swimming Pools Act 1992 (the Act) and the Swimming Pools Regulation 2008. A comprehensive review of the Act was conducted in 2012, and a number of amendments were designed to enhance the safety of the children. Swimming pools now need to be surrounded by a child restraint barrier. As per the new Act, the Swimming Pools Amendment Act 2012 (the Amendment Act), owners are required to have their pool fences inspected. This is to determine whether or not they meet the required safety standards, before selling or leasing their property. On 29 October 2012, the Amendment Act came into effect and made a number of amendments to the Act.
The legislative amendments intended for pool owners are outlined below:
- Swimming pool owners must register their pools through online registration as given by the NSW State Government;
- Swimming pool owners must self-assess their pools, and give a statement in the register, mentioning that their swimming pools *Meet all the safety standards as required;
- Ff swimming pool owners fail to register their pools, a penalty of $220 is levied;
- Before selling or leasing out a property with a swimming pool, the seller should provide a valid swimming pool Compliance Certificate; and
Uupon swimming pool owner’s initiative, the attributed certifiers right under the Building Professional Act 2005, might carry out a swimming pool inspection.