On 1 December 2019, new laws to improve swimming pool and spa safety came into effect in Victoria.
It is now mandatory for owners of land with a swimming pool or spa to register their pool or spa with the relevant council.Owners must also have their safety barriers inspected and lodge a certificate of barrier compliance with their local council. If a safety barrier is not compliant, it is the owner’s responsibility to make the barrier compliant.
The new laws apply to pools and spas that are capable of holding water with a depth of more than 300mm or 30cm of water. These laws apply to:
Re-locatable pools that do not consist of multiple components and do not require any assembly are not subject to these barrier requirements. An example of such a product is a small inflatable pool that requires no assembly other than inflation.
There are currently 3 sets of requirements for pool or spa barriers in Victoria, based on the construction date of your pool or spa:
Once you have registered your swimming pool or spa, you need to arrange an inspection of the safety barrier to determine if the barrier is compliant with the applicable barrier standard.
An inspection of your pool or spa barrier can only be carried out by:
All swimming pools and spas capable of containing water with a depth of more than 300mm or 30cm must have a compliant safety barrier to restrict young children (under the age of five) from accessing the pool area. You’ll need barriers for:
You do not need barriers for:
If the inspector determines that your safety barrier complies with the applicable barrier standard, they issue a certificate of barrier compliance. As the owner of the land containing the pool or spa, you need to lodge this certificate with your council. You must do this within 30 days of receiving the certificate. Contact your council for more information. When the council receives your certificate, they send you a written notice, which confirms:
Please bear in mind that you need to pay a fee to the council when you lodge the certificate.
When the council receives the certificate of barrier non-compliance, the municipal building surveyor issues either:
A barrier improvement notice may be issued by a municipal building surveyor after the council receives a certificate of barrier non-compliance. Building surveyors or inspectors usually issue these certificates for minor non-compliance matters. The notice specifies what you must fix to make the barrier compliant, as well as the period that you must take this action within.
|Fee Type||Amount (AUD)|
|Fee for lodging a certificate of barrier compliance with council||$20.44*^|
|Fee for lodging a certificate of barrier non-compliance with the council||$385.06*^|
|Failure to lodge a certificate of barrier compliance by the date specified||up to $1,652.20^|
|Failure to lodge a certificate of barrier non-compliance by the date specified||up to $1,652.20^|
* The relevant council set the Fees, which do not exceed this amount. Please check your local council’s website for the fee that applies.
^ All fee and penalty units are indexed and increase by a small amount on 1 July each year, per the Monetary Units Act 2004. From 1 July 2019 to 30 June 2020, one fee unit is $14.81. All amounts are rounded off to the nearest 10 cents. From 1 July 2019 to 30 June 2020, one penalty unit is $165.22.
There is no set fee for a safety barrier inspection.
Owners of pools or spas with barriers that require multiple inspections before being certified as compliant likely face higher costs than those that receive certification after the first inspection.
As a pool or spa owner, you must maintain the operation and integrity of your swimming pool or spa barrier to prevent access to the pool or spa.
The following checklists help you to assess the safety of your barrier. These checklists are date-specific. They cover the relevant barrier standards according to the installation date of your pool or spa: