Between 1 August 1992 to 30 June 2010, the Swimming Pools Act 1992 provided an alternative to the general requirements regarding the location of pool child-resistant barriers. These are referred to as exemptions.
Eligible exemptions
These exemptions apply to the following pools, so long as the means of access to the pool are at all times restricted in accordance with the exemption:
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pools constructed prior to 1 August 1990
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pools on waterfront properties constructed before 1 July 2010
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pools on properties having an area less than 230m², constructed before 1 July 2010
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pools on properties having an area of 2ha or more, constructed before 1 July 2010
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Ineligible exemptions
These exemptions do not apply for the life of the pool. In some cases, pool owners may need to upgrade their pool barrier to meet current standards.
Your pool will be assessed against the current standard (AS 1926.1 – 2012) if:
- The pool barrier or access to the barrier has been modified, altered, or rebuilt, or
- You cannot provide documentary evidence confirming:
- The pool and barrier in place as at 31 August 2008, and
- That it was fully compliant at that time with AS 1926 (1986) and Part 2 of the Swimming Pools Regulation 1998.
The exemption no longer applies where:
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access to the pool or pool barrier is substantially altered or rebuilt
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restricted access to a pool or pool barrier is not provided
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restricted access to a pool or pool barrier is not maintained or does not comply
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when pools exempt are fenced voluntarily
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