To promote consistency of pool safety standards, local law making powers are removed under the new legislation. Existing local government pool safety laws and exemptions (except disability exemptions) will also be phased out within five years.

Local governments have more powers including:

• strengthened powers of entry to inspect pools
• expanded prosecution powers
• expanded powers to decide impracticality exemptions and existing disability exemptions
• new powers to cancel pool safety certificates for noncompliant pools
• the ability to declare areas as ‘remote’ to help minimise inspection costs for pools in remote areas.

Local governments are also required to:

• inspect pools if asked by a pool owner – for example, by employing a pool safety inspector in-house, by sharing a pool safety inspector between several Local Governments or by contracting to a private safety inspector
• provide records of existing pools to help establish the state-wide swimming pool safety register
• undertake enforcement action following an immersion notice from Queensland Health, a complaint notice or a notice from the department
• give pool safety advisory information to pool owners every four years if a pool safety certificate has not been in effect – for example, by sending pool owners a notice or including information on rates notices.

Under the Local Government Act 2009 and the City of Brisbane Act 2010, local governments can charge a cost recovery fee to perform their responsibilities under the new pool safety laws, except for responding to immersion notices or complaint notices. On the spot fines can also be imposed on pool owners in many cases.

Pool safety inspectors

The new laws require local governments to employ or appoint a licensed pool safety inspector if a pool owner asks the local government to inspect their pool to obtain a pool safety certificate. All other local government pool safety functions under the new laws can be undertaken by other suitably trained local government officers.

Support for local governments

To assist with training local government officers in becoming pool safety inspectors, the department has established a training subsidy package for local governments, which will remain open for a limited time. All local governments have been advised of the subsidy program.

Find out more on how to become a pool safety inspector.

Migration of local government data into the pool safety register

A state-based pool safety register is being developed under the new swimming pool safety laws. To help initially populate the register, each local government is required to give the department notice of all existing regulated pools in its area for which it has a record by 4 February 2011. Local governments are encouraged to provide regulated pools data as soon as possible to assist in timely completion of data migration.

More information

• contact Building Codes Queensland