In NSW, there are two key pieces of legislation for pools:

The Public Health Act 2010, and

The Swimming Pools Act 1993.

The Swimming Pools Act 1993 affects pools that are or are proposed to be on premises with a residential building, a moveable dwelling (for example, a caravan or manufactured home) or tourist and visitor accommodation, including:

  1. indoor Pools, and
  2. outdoor pools, and
  3. above-ground pools, and
  4. in-ground pools, and
  5. temporary pools, and
  6. concrete pools, and
  7. fibreglass pools, and
  8. spa pools (but not spa baths in a bathroom).


The Public Health Act affects public pools, which includes:

  1. a pool to which the public is admitted as an entitlement of membership of a club, or 
  2. a pool provided at a workplace for the use of employees, or 
  3. a pool provided at a hotel, motel or guest house or at holiday units, or similar facility, for the use of guests, or 
  4. a pool provided at a school or hospital, or 
  5. a pool situated at private residential premises, but only if that pool is used for commercial purposes.