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New swimming pool regulations commence 1 December 2019 – VIC

November 28, 2019

The Victorian Government recently passed legislation to make the registration of swimming pools and spas mandatory and is introducing a new compliance regime to improve swimming pool and spa safety. The new regulations were made on 25th November and come into effect on 1 December 2019.

HIA had previously commented on the Regulatory Impact Statement and draft regulations raising a number of members’ suggestions. Following the public consultation, the final regulations include a number of implementation changes from the draft regulations, as outlined below.

The main amendments to the regulations include:

  • Certificates of barrier compliance will only be required to be lodged every 4 years, instead of every 3 years
  • Longer timeframes for owners including applying to register their pools and spas and lodging their first certificates of barrier compliance
  • The time frame to register swimming pools and spas with Councils has been extended from 14 April 2020 to 1 June 2020

First Certificate of barrier compliance lodgement dates

  • For swimming pools and spas constructed on or before 30 June 1994, the first certificate of barrier compliance is now required by 1 June 2021 instead of 20 October 2020
  • For swimming pools and spas constructed on or after 1 July 1994 and before 1 May 2010, it is now the 1 June 2022
  • For swimming pools and spas constructed on or after 1 May 2010, it is now the 1 June 2023

Lodgement fees

The registration fee has been reduced to $31.84 however the regulations allow for Councils to charge an additional information search fee of up to $47.24 to the cover cost to search council records for dates of when swimming pools were installed and determine the Standard the pool barrier must comply with.

Rectification time frames

  • Swimming pool and spa inspectors will be able to provide owners with a maximum period of 60 days to bring their barriers into compliance, this is an increase on the 20 business days previously proposed
  • Inspectors can give the owner a further 7 days if they believe that progress has been made to bring the barrier into compliance. This has been included to give owners a reasonable opportunity to rectify their barriers before the non-compliance is referred to council.
  • If a non-compliance is referred to Council an additional fee of approximately $384 will be required to be paid by the owner to the Council

Swimming pool and spa inspectors doing minor works

The new regulations will enable the swimming pool and spa inspectors to carry out minor work on safety barriers to bring them into compliance, prior to the certification. If they do this they must record this on the certificate of barrier compliance.