Public Pools Act 2015

This section applies if the director-general is satisfied on reasonable grounds that—

an operator of a pool facility is not maintaining the pool facility in good repair or condition; and

the failure to maintain the pool facility is causing undue risk to people, property or the environment.

The director-general may direct the operator to maintain the pool facility (a maintenance direction).

The director-general’s decision to issue a maintenance direction is reviewable by the ACAT (see s 50 and sch 1).

The director-general must give the operator a reviewable decision notice in relation to the decision to issue a maintenance direction (see s 50).

A maintenance direction must be in writing and state the action to be taken to ensure the pool facility is maintained in a way that is likely to prevent or reduce risk to people, property or the environment and include the following:

the details of the maintenance work required, or matters to be rectified;

when the maintenance direction must be complied with, being a day at least 1 month after the day the maintenance direction is given to the operator;

if the maintenance required is extensive––

that the pool facility be closed for a period (a stated period) for maintenance work to be carried out; and

the stated period the pool must be closed.

A maintenance direction must also state that, if the maintenance direction is not complied with, the pool facility may be closed under section 21 if closure is the only viable option to prevent or reduce undue risk to people, property or the environment.

If a maintenance direction includes a stated period for the pool to be closed, the maintenance direction must provide that––

the stated period starts on a day at least 60 days after the day the maintenance direction is given to the operator of the pool facility; and

as far as practicable, the stated period is during the off-peak season.

A stated period may end on a stated day or on the happening of a stated event.