Updated Practice Direction for Swimming Pool Inspections

22 January 2021

The State Planning Commission (“the Commission”) has updated Practice Direction 8: Council Swimming Pool Inspections (“the Practice Direction”).

A copy of the Practice Direction can be accessed here.

The sole amendment to the Practice Direction is that it now clearly applies to all councils, not just to Phase 2 councils as the reference to the Practice Direction commencing upon the revocation of a Development Plan has been deleted.

For convenience, we set out below, the requirements of the Practice Direction.

Mandatory inspections

1.      Councils must inspect 100% of swimming pools and swimming pool safety features constructed over the course of the relevant reporting year within 2 weeks of the council being notified of the completion of:

1.1      in the case of a swimming pool the construction of which required the construction of swimming pool safety features, the construction of those safety features; or

1.2    in any other case- the construction of the swimming pool and swimming pool safety features.

Record keeping

2.      Councils must keep records of inspections carried out in accordance with the Practice Direction and keep these records in a register that is available for inspection by the Commission upon five (5) business days’ notice.

3.      Records of inspections should (please note the use of the word “should”.  Whilst this means that the contents of the Practice Direction in this regard are not a direction, it is a best practice recommendation that we recommend is complied with for each and every inspection) include, without limitation, the following details:

3.1      date and time of inspection

3.2      type of inspection

3.3      who undertook the inspection – we recommend that inspections be undertake by an officer of the Council duly authorised under the PDI Act

3.4      elements inspected

3.5      breaches

3.6      issues or faults found

3.7      rectification required

3.8      requirements for re-inspections (including timing) and enforcement action, as is appropriate in the circumstances.

If you have any questions, please contact:

Emily Nankivell on 08 8113 7114 or enankivell@kelledyjones.com.au; or

Victoria Shute on 08 8113 7104 or vshute@kelledyjones.com.au.