Building Act 1975

The local government must consider the application and, within 5 business days after the application is made—

grant the exemption; or

refuse to grant the exemption.

The local government may grant the exemption only if it is satisfied that—

a person with a disability is, or is to become, an occupier of land on which the regulated pool is situated; and

it would be physically impracticable for the person, because of the person’s disability, to access the pool if it had barriers complying with the pool safety standard.

The local government may grant the exemption on the reasonable conditions it considers necessary or desirable to prevent a young child accessing the pool.

If the exemption is granted on conditions, the applicant must comply with each condition of the exemption.Maximum penalty for subsection (4)—165 penalty units.

The local government may only exempt a person from complying with a part of the pool safety standard to the extent reasonably necessary to allow a person mentioned in subsection (2) to access the pool.