The new home swimming pool safety scheme commences on 1 May 2024, with a Four-Year Transition Period

The new home swimming pool safety scheme commenced on 1 May 2024 and has introduced safety standards that all home swimming pools and spas in the ACT are required to adhere to, including existing home swimming pools and spas. There are different provisions for home swimming pools and spas built, altered or installed before 1 May 2023 and after.

The scheme provides a four(4) year transition period for home swimming pools and spas built before 1 May 2023, meaning these existing structures are required to be compliant with the prescribed standards from 1 May 2028.

From 1 May 2024, all pool owners will be subject to the following obligations, irrelevant of when

the swimming pool or spa was approved, built, altered or installed:

1. maintain the swimming pool or spa safety barrier as an effective and safe child-resistant barrier.
2. ensure that all doors, gates and covers providing access to the swimming pool or spa are kept securely closed at all times when they are not in actual use.

Compliance with prescribed safety standards

For swimming pools and spas built, altered or installed before 1 May 2023, the prescribed safety standard is:

1. the Building Code of Australia 2022; and
2. the following two Australian Standards:
3. AS 1926.1 (2012): Swimming pool safety, Part 1: Safety barriers for swimming pools
4. AS 1926.2 (2007): Swimming pool safety, Part 2: Location of safety barriers for swimming pools

For swimming pools and spas built, altered or installed on or after 1 May 2023, the prescribed safety standard is:

1. the Building Code of Australia at the time the swimming pool or spa is built, altered or installed; and
2. the Australian Standards referenced by the applicable Building Code

Compliance certificate requirement

Swimming pools and spas built, altered or installed before 1 May 2013, the owners will be required to obtain a compliance certificate by 30 April 2028 and lodge it with Government within 30 days from the issue date of the certificate. The compliance certificates will have a validity period of four years, starting from the end of the transition period.

Members are encouraged to familiarise themselves with the relevant standards to ensure compliance.

Click here for more information about home swimming pool safety reforms.

If you need any advice in relation to your obligations associated with home swimming pools and spas, please reach out to our Workplace Relations and Legal Team on (02) 6175 5900.