Swimming pool legislation

The Swimming Pools Act 1992 and its regulations work together with Australian Standard 1926 (AS1926) to establish the safety standards for 'backyard' swimming pools. These documents have been updated a number of times and, as a result, apply differently at different points in time.

To identify where swimming pools are, educate pool owners about pool safety, and enable inspections to be carried out to ensure that pools, particularly those that pose the highest risk to children, are made safe; the Act:

  • establishes a statewide online register of all private swimming pools in NSW to require that pool owners self-register free of charge and certify, to the best of their knowledge, that their pool complies with the relevant requirements;
  • requires that councils develop and adopt a locally appropriate and affordable inspection program in consultation with their communities;
  • requires that councils conduct mandatory periodic inspections of pools associated with tourist and visitor accommodation;
  • allows accredited certifiers to conduct inspections and issue certificates of compliance for swimming pools when requested by pool owners; and
  • requires that vendors and landlords have a valid swimming pool compliance certificate before offering a property for sale or lease. Alternatively, a vendor may sell a property with a certificate of non-compliance that outlines what needs to be fixed. The purchaser will then be required to make the pool barrier compliant within 90 days of settlement.

Legislation

The legislation can be found here:

The Australian Standard (AS1926) is a document protected by copyright and cannot be reproduced here. Your local council should have a copy of the Standard available for viewing. The relevant versions of the Australian Standard are dated 1986, 2007 and 2012.

Guidance publications

Many councils produce excellent guidance publications that will assist a pool owner to understand the requirements of the legislation and the Standard. Some examples may be found by following the links below:

Further information

For further home pool safety information, you can contact a water safety organisation such as Royal Life Saving Australia, your local council or your local pool supplies retailer.

For Swimming Pool Register technical enquiries, please contact the Division of Local Government, Department of Premier and Cabinet on 1300 922 310 or email pools@dlg.nsw.gov.au.

The website, swimmingpoolregister.nsw.gov.au, allows backyard swimming pool owners to register their pool online. Registration is free. It also has information on the legislation, checklists and inspections.