Review of pool fencing legislation in Australia

The definition of a swimming pool is based on the Australian Standard (AS1926.1-2012 Safety Barriers for Swimming Pools) which states a swimming pool is “any structure containing water to a depth greater than 300 mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool, or spa pool.” Pool fencing legislation is governed at a jurisdictional level, with each State or Territory responsible for their own compliance laws, swimming pool registers and inspection regimes. Provided a portable pool can be filled to a depth of at least 300mm, it is included in the definition of a swimming pool and therefore the relevant legislation applies. The current Australian Standard (AS1926.1-2012) is the standard for several States and Territories but not all, with some using an older version of the standard and others adopting a modified standard. This current standard outlines the requirements for an effective barrier, specifying a fence height of at least 1.2m and a non-climbable zone of 900mm surrounding the outside of the fence. Further details refer to maximum gaps between fence palings and the requirements of the pool gate, which should be self-closing and latching and always swing outwards away from the pool. The requirement for a private swimming pool or spa to be registered and inspected differs by jurisdiction, with some States and Territories requiring registration through local authorities and periodic inspections to ensure adequate maintenance. Similarly, in some jurisdictions additional rules apply regarding the sale or lease of an affected property. This may include a compliance certificate which is valid for a specified period of time. Required safety signage is specified in some States and Territories, such as the presence of cardiopulmonary resuscitation guidance. Legislation has recently been updated in some jurisdictions and is currently under review in others.