Swimming pool safety
With nearly 5,000 backyard swimming pools across the Shellharbour Local Government Area, pool safety is a critical community priority. Tragically, drowning remains one of the leading causes of accidental death among very young children — which is why it's essential that every pool meets safety standards.
Shellharbour City Council, alongside property owners, plays a vital role in ensuring that all swimming pools within the area comply with New South Wales swimming pool legislation.
What is considered a swimming pool?
Under NSW law, a swimming pool is any structure capable of being filled to a depth of 300mm (30cm) or more and is used (or intended to be used) for swimming or water activities.
This includes:
- In-ground concrete or fibreglass pools
- Inflatable or portable pools
- Temporary or wading pools
- Above-ground pools
- Spas & Swim spas
Development approval is required for any pool including portable pools and spas that holds more than 2,000 litres of water. Find out more about the Development Application process.
Pool owner responsibilities
If you own or plan to install a swimming pool or spa — whether in-ground, above-ground, indoor or portable — you have a legal obligation to ensure it complies with NSW pool safety laws.
Swimming pool safety is legislated by:
As a pool owner, you are responsible for but not limited to:
- Ensuring your pool is registered on the NSW Swimming Pool Register
- Maintaining a compliant child-resistant safety barrier
- Keeping gates self-closing and latches secure
- Making sure the area around the pool is free of climbable objects
Supervision saves lives
To help prevent accidents:
- Always supervise children when they are near water
- Regularly check and maintain your pool barrier
- Remove any furniture, toys or objects near the fence that could be used to climb over
- Never leave pool gates propped open
- Ensure there is a CPR/Resuscitation chart visible from the pool area
- Keeping non-ancillary items, structures and activities outside the pool area
Registration
All swimming pool and spa pool owners in NSW are legally required to register their pool on the NSW Government Swimming Pool Register. Failure to do so may result in a penalty of $220.
Pools can be registered online via the NSW Swimming Pool Register, or alternatively through your local council (note: an administration fee may apply for council-assisted registration).
As part of the registration process, owners must complete a self-assessment and declare that their pool complies with the relevant safety standards. Self-assessment checklists are available on the Swimming Pool Register website to assist owners with this process.
Certificate of compliance and certificate non-compliance
All properties with a swimming pool are required to have a valid Certificate of Compliance or relevant Occupation Certificate.
Property owners can apply for a Swimming Pool Compliance Certificate through their local council or an accredited certifier. A fee applies for this service. Once issued, a Compliance Certificate is valid for three years.
If a property which has a swimming pool or spa pool is being sold or leased, it must have one of the following valid documents:
• A Certificate of Compliance
• A Certificate of Non-Compliance
• A relevant Occupation Certificate
A Certificate of Non-Compliance allows the seller to transfer responsibility for achieving compliance to the buyer. To do this, the certificate must be attached to the contract for sale.
After settlement, the buyer has 90 days to address any defects listed in the Certificate of Non-Compliance and obtain a Certificate of Compliance.
Pool Safety Barriers and Child Supervision
A pool safety barrier is designed to prevent unsupervised access to the pool area by young children. It serves as the first line of defence against accidental drowning.
However, a barrier alone is not enough. The most effective way to protect children around pools is through constant, active supervision. Parents and carers must always keep a close watch on children near any body of water, including backyard swimming pools.
Pool barrier safety tips
Check that your pool barrier meets these safety requirements:
- Gates must be self-closing, self-latching, and never propped open.
- The minimum height for internal barriers is 1200 mm, and for boundary barriers, it is 1800 mm.
- There should be no gaps larger than 100 mm between vertical components in the barrier or between barrier and finished ground level.
- Keep furniture, BBQs, pot plants, or any climbable objects at least 900 mm away from the outside of the barrier.
- Ensure you comply with all NCZ non-climbable zones.
More information can be found on the NSW Swimming Pool Register Self-assessment checklists.
Spas and Swim spas with lockable lid
A spa designed solely for relaxation, which includes only seating, may be exempt from the requirement of a child-resistant barrier surrounding the spa pool.
For a spa to be eligible for this exemption, it must be secured by a lockable lid that complies with the Swimming Pool Regulations 2018.
It's important to note that terms such as swim spas, plunge spas, or plunge spa pools do not automatically grant the exemption, even though the word "spa" is included in the name. The exemption is based on the type of activity that can be performed in the pool, not the terminology used. If you’re uncertain, it's always best to consult with your local Council before purchasing or installing the spa.
The lockable lid must be kept on the spa pool when it is not in use. In addition, a current warning sign with resuscitation (CPR) instructions must be displayed in a prominent position in the immediate vicinity of the Spa.