Private swimming pools and spas

The Royal Life Saving Society – Australia advise that every year in Australia over 35 children under the age of 5 drown.

Therefore swimming pool safety is of extreme importance. The loss or injury of a child in a backyard swimming pool or spa is a tragedy that should never happen.

As a result of an inquest by the NSW Deputy Coroner in April 2010 into the deaths of eight children in NSW swimming pools between 2006 and 2009 it was found that the breakdown of supervision was a significant contributing factor in all deaths. Also, the failure to ensure the barrier surrounding the pool was properly constructed and maintained was a significant factor in the deaths of several of the children.

With over 3,500 private swimming pools and spas located in our local government Council is committed to ensuring that all pool owners are aware of their responsibilities and that all pools are adequately fenced and the fences are properly maintained.

Private or ‘backyard’ swimming pool safety is legislated by the Swimming Pools Act 1992 (the Act) and the Swimming Pools Regulation 2008 (the Regulation). The legislation also applies to moveable dwellings, hotels and motels.

For information on exactly what is required, please read the NSW Division of Local Government - Backyard Swimming Pools.

The NSW Division of Local Government has also prepared the following useful resources:

The above documents are essential for all pool and spa owners and for renters of properties where a pool or spa exists. Please take the time to read these documents as it could save a child’s life.

Importance of supervision, pool barrier maintenance and CPR

It is important to remember that while fencing may assist in reducing drownings in backyard pools, the most effective way to prevent drownings is for children to be adequately supervised by a responsible adult.

Research conducted on child drownings in backyard swimming pools indicates that the most common contributing factors are inadequately fenced pools and human error (for example, people leaving the gate open, or fences not being maintained in good condition).

People choosing to have a pool have a responsibility to ensure that pool safety barrier(s) and gate(s) are installed, operated and maintained to the Australian Standard referred to in the Regulation.

From 1 July 2010, newly constructed pools on very small properties (less than 230 sq metres), large properties (greater than 2 hectares or more) and water front properties will no longer receive exemptions from the requirement for four-sided, child-resistant pool barriers. 

It is important that parents and others responsible for supervising children know how to administer Cardiopulmonary Resuscitation (CPR). The Royal Life Saving Society of NSW and Surf Life Saving NSW conduct CPR courses. All supervising adults are encouraged to undertake CPR training.

Pool and spa owners are also encouraged to obtain a ‘Home Pool Safety in a Box’ kit developed by the Royal Life Saving Society, Australia. The kit is designed to encourage more home pool and spa owners to learn CPR and provides a ‘watch and do' DVD and a Mini-Anne CPR Manikin. With the kit it is possible to learn the core skills of CPR in under 30 minutes. To obtain your ‘Home Pool Safety in a Box’ kit, please contact Royal Life Saving on 1300 737 763 or visit the the Royal Life Saving Society, Australia website.

Special requirements for spa pools

For the purpose of the Act and Regulation, a swimming pool includes, by definition, a spa pool, but not a spa bath.  Therefore the Act requires access for young children to spa pools to be restricted by the provision of a child-resistant barrier or a lockable child-safe structure when the spa pool is not in use.

Spa pools can also be hazardous, particularly if not correctly installed and maintained.  In Australia and overseas there have been a number of fatalities and injuries linked to poorly designed, installed and maintained spas. Fatalities and injuries usually result from users, particularly children, being trapped by the suction outlet systems of spas, including active main drains in the floors of spas.

Care must be taken to ensure that spa pools are properly installed so as to eliminate the danger of entrapment on the spa suction outlets.  A ‘Spa Pools Safety Guide’ has been developed by the NSW Department of Fair Trading and should be reviewed by all spa pool owners. 

Useful links