Public Pools Act 2015

This Act is the Public Pools Act 2015.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘low‑alcohol liquor—see the Liquor Act 2010, dictionary.’ means that the term ‘low-alcohol liquor’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act applies to a category 1 facility.

Note Category 1 facility––see s 7.

Part 2 Key concepts

In this Act:

category 1 facility––

means a pool facility that is––

owned by the Territory; and

open to or used by the public (whether or not on payment of money); and

includes a pool facility managed under a facility management agreement.

Note Facility management agreement—see the dictionary.

In this Act:

operator, of a pool facility––

means the person who, alone or with someone else, manages or controls the pool facility; and

includes––

a person for the time being managing or controlling the pool facility; and

a person managing or controlling the pool facility in accordance with a facility management agreement; and

any other person prescribed by regulation; but

Note Power to make a regulation in relation to a matter includes power to make provision in relation to a class of matter (see Legislation Act, s 48 (2)).

does not include a person excluded from this definition by regulation.

If there is more than 1 operator of a pool facility, it is sufficient compliance with a requirement of this Act if––

any of the operators exercises the functions of an operator under this Act; and

any notice or other document required to be given to the operator under this Act is given to any of the operators.

In this Act:

pool––

means an artificial structure or vessel that is––

capable of being filled with water; and

used or intended to be used for swimming, diving, wading, paddling or any other recreational water activity; and

unable to be emptied by overturning the structure or vessel; but

does not include—

a bath tub or other vessel used for cleaning the body; or

an artificial structure or vessel prescribed by regulation.

In this Act:

pool facility––

means 1 or more pools; and

includes any 1 or more of the following:

the plant associated with each pool;

the concourse for each pool;

the toilets, change rooms and similar facilities associated with each pool;

lighting;

a fence and any other structure that––

excludes access to a pool; or

forms a boundary around 1 or more pools;

premises used for administration in relation to each pool;

any other structure, building or plant necessary for the operation of each pool; but

does not include––

if the pool is located within a gymnasium or recreational centre––the areas of the recreational centre not associated with the pool; or

a facility prescribed by regulation.

The Minister may exempt a pool facility or person from this Act.

Note 1 A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3 Power to make a statutory instrument (including exemptions) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

In deciding whether to exempt a pool facility or person from this Act, the Minister must take into account any criteria prescribed by regulation.

An exemption may be conditional.

An exemption has no effect––

to the extent that it is inconsistent with a regulation; or

during any period in which a condition of the exemption is not complied with.

An exemption is a disallowable instrument.

Part 3 Pool facilities administration––minimum requirements, standards and guidelines

Division 3.1 Pool operators and staff

The director-general may determine minimum qualifications, skills and training requirements for operators, employees, people engaged under contract or volunteers at a pool facility.

A determination may make provision in relation to the following:

the kinds of qualifications, training, skills or experience required by––

operators of pool facilities; and

in accordance with their functions––employees, people engaged under contract or volunteers at a pool facility;

Examples

 swimming instructor

 swimming coach

 lifeguard

ongoing professional development and training requirements;

compliance with requirements under the Working With Vulnerable People (Background Checking) Act 2011;

requirements about record keeping relating to qualifications, training, skills or experience.

Note 1 Power to make a statutory instrument (including a determination) about a particular matter does not limit power to make a statutory instrument about any other matter (see Legislation Act, s 44 (3)).

Note 2 Power to make a statutory instrument (including a determination) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

A determination is a notifiable instrument.

Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56).

Division 3.2 Standards

The Minister may determine standards in relation to the operation or management of a pool facility.

Before determining a standard, the Minister must––

consult with people or organisations that conduct an activity or are engaged in the industry to which the standard relates; and

invite written submissions on the standard.

The Minister must consider any submission made under subsection (2) before determining the standard.

A determination is a disallowable instrument.

Note A determination may apply, adopt or incorporate a law of another jurisdiction or instrument, as in force from time to time (see s 56).