New South Wales Consolidated Acts

SWIMMING POOLS ACT 1992 - SECT 12

12 General requirements for outdoor swimming pools

The owner of the premises on which a swimming pool is situated must ensure that the swimming pool is surrounded at all times by a child-resistant barrier:

(a) that separates the swimming pool from any moveable dwelling, hotel or motel situated on the premises and from any place (whether public or private) adjoining the premises, and

(b) that is located immediately around the swimming pool, and

(c) that contains within its bounds no structure apart from the swimming pool and such other structures (such as diving boards and pool filtration plants) as are wholly ancillary to the swimming pool, and

(d) that is designed, constructed, installed and maintained in accordance with the standards prescribed by the regulations.

Maximum penalty: 10 penalty units.

Section 12 should be read in conjunction with the other provisions of Part 2 including, in particular:

• section 13 (which concerns existing swimming pools), and

• section 18 (which allows the owner of premises to decide the exact location of a required child-resistant barrier), and

• section 19 (which allows a wall of a hotel or motel to form the whole or any part of a required child-resistant barrier), and

• section 22 (which allows a local authority to grant exemptions from barrier requirements that are impracticable or unreasonable in particular cases).