Building Act 1975

This section applies if a local government receives for a regulated pool—

notice of a pool immersion incident under section 245I; or

a pool safety complaint notice; or

a notice under section 245UA.

The local government must, as soon as practicable after receiving the notice, inspect the regulated pool for compliance with—

if under this Act the owner of the pool must ensure the pool complies with the pool safety standard for the pool—the pool safety standard; or

otherwise—the fencing standards for the pool.

However, the local government need not, under subsection (2), inspect a regulated pool for which the local government has received a pool safety complaint notice if the local government reasonably considers the complaint is vexatious.

The local government must not charge a fee for an inspection under subsection (2) relating to a notice mentioned in subsection (1)(a) or (b).

If, after the inspection, the local government is satisfied the pool does not comply with the pool safety standard or fencing standards for the pool (the relevant standards), the local government must take necessary enforcement action to ensure the pool complies with the relevant standards.

In this section—fencing standards, for a regulated pool, means the fencing standards under section 233 of this Act as in force before the 2010 Act commencement day that applied to the pool immediately before that day.pool safety complaint notice, for a regulated pool, means any complaint in writing that—

is given to a local government; and

concerns a matter about the pool’s safety, including the safety of its fencing or other barriers.