Public Pools Act 2015

An operator of a pool facility who is required to close the pool facility by an emergency closure order may apply, in writing, not later than 7 days after the day the order is given, to the director‑general for cancellation of the emergency closure order stating reasons why the order should be cancelled.

Before making a decision on the application, the director-general must consider—

the application; and

the grounds on which the emergency closure order was given; and

the current state of the pool facility to which the order relates.

The director-general may cancel the emergency closure order if satisfied on reasonable grounds that the cancellation will not endanger the health or safety of people or cause undue risk to property or the environment.

The director-general’s decision to refuse to cancel an emergency closure order is reviewable by the ACAT (see s 50 and sch 1).

The director-general must tell the operator of the decision and, if the director-general refuses to cancel the emergency closure order, the reasons for the refusal.

The director-general must also give the operator a reviewable decision notice in relation to the decision to refuse to cancel an emergency closure order (see s 50).