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The Swimming Pools Act 1992 is currently under review. Feedback has been sought from the public, councils and other stakeholders to obtain an indication of the level of support for possible Act amendments. See Review of Swimming Pools Act 1992 for further information.

With over 300,000 backyard swimming pools in NSW, swimming pool safety is a vital issue that affects the whole community.

It is important to remember that while fencing may assist in reducing drownings in backyard pools, the most effective way to prevent drownings is for children to be adequately supervised by a parent or another responsible adult.

Research conducted on child drownings in backyard swimming pools indicates that the most common contributing factors are unfenced pools and human error (for example, people leaving the gate open, or fences not being maintained in good condition).

People choosing to have a pool have a responsibility to ensure that pool safety barrier(s) and gate(s) are installed, operated and maintained to the Australian Standard referred to in the Swimming Pools Regulation 2008 (the Regulation). It is also important that parents and others responsible for supervising children know how to administer CPR.

The Royal Life Saving Society of NSW and Surf Life Saving NSW conduct resuscitation courses. All supervising adults are encouraged to undertake this training.

In NSW, swimming pool safety is legislated by the Swimming Pools Act 1992 (the Act) and the Regulation.

Swimming Pools Act 1992 - prescribes the fencing requirements of backyard swimming pools in NSW. Some other safety requirements are prescribed including the requirement for a CPR sign to be displayed near the pool.

Swimming Pools Regulation 2008 - effective from 1 September 2008. The Regulation calls up Australian Standard 1926.1-2007 for pool barriers. The Standard includes new requirements for non-climbable zones, adjusted mesh sizes for fences, retaining walls that form part of a barrier and balconies that project into the pool area.

These new requirements apply to new pools only and do not significantly increase costs. Existing pools, as defined by the Act, will not be required to comply unless there are substantial alterations made to the child resistant barrier.

The Regulation also requires that councils and the Department have the following documentation available for public inspection at no cost:

• Guideline 7 Cardiopulmonary Resuscitation - This Guideline is available at the Australian Resuscitation Council website at www.resus.org.au. By registering at the website visitors can access and print the guideline free of charge. Councils and others should consider subscribing as this will allow them to access an extensive range of related material.

• AS1926.1-2007, Australian Standard Swimming Pool Safety Part 1: Safety barriers for swimming pools - This Standard (as amended 5 May 2008) is available for purchase at www.saiglobal.com. For copyright reasons, the Department cannot make copies of the Standard available to councils or other persons or bodies.

While the Regulation refers to AS1926.1-2007 as published on 12 July 2007 as the relevant Standard, the 5 May 2008 version may also be used as this version only corrects typographical errors in, and makes minor clarification of, the 12 July 2007 version of the Standard.

Clause 21 of the Regulation requires the Department and councils to allow the public inspection of the Standard at no cost.

It is important to note that the maximum requirement of the clause as it relates to the Standard is that the Department and councils allow members of the public to attend any of their respective offices, libraries or outlets to look at (but not print or take any copy away of) the Standard during ordinary business hours.

If any body or agency exceeds this maximum standard, this may raise serious copyright implications for that agency or body.

If councils or others wish to allow public inspection of the Standard in any way other than by personal inspection at offices, branches or outlets, they must first contact SAI Global’s copyright section for further information to ensure that copyright of the Standard is not breached.

SAI Global may be contacted on (02) 82066355.

For general inquiries on the Act or Regulation, councils or others may contact the Department on (02) 4428 4100.

 

Useful Links:

• Safewaters - provides further information on: fencing backyard pools; frequently asked questions; information in community languages; checklists for pool owners.
  http://www.safewaters.nsw.gov.au/fencepools.htm

• Department of Arts, Sport and Recreation - Swimsafe - information regarding swimming lessons.
  http://www.dsr.nsw.gov.au/swimsafe/index.asp
  

pdf	Child Safety on Rural Properties Checklist (499 kb)
pdf	Safety Check - HCF Fit & Well article (50 kb)
view	RLSSA Home Pool Safety Checklist and Resources (0)
pdf	Brochure - Swimming Pool Laws (296 kb)