Currently, in Australia there are numerous Acts and Regulations that regulate and guide the operations of Public Pools and Aquatic Facilities.
In addition legislation, there are many other readily available resources such as Guidelines that may not be legally binding but provide important supportive material such as testing procedures, design, facility operational management, bather load limits and Definitions.
Whilst not comprehensive, this Fact Sheet seek to provide an overview of what is a Public Pool, Aquatic Facility or similar in Australia.
New South Wales - NSW Dept. of Health
Under the Act, a public swimming pool means a swimming pool or spa pool to which the public admitted, whether free of charge, on payment of a fee or otherwise, including those swimming pools and spa pools.
To which the public is admitted as membership of a club
Provided at a workplace for the use of employees,
Provided at a hotel, motel or guest house or at holiday units, or a similar facility, for the use of guests, and
Provided at a school or hospital, but no including a pool situated on private residential premises.
Australian Capital Territory - ACT Health
The Code of Practice to minimise the public health risks from swimming/spa pools applies to:
public swimming pools and spa pools,
pools where the public, members and their guests, customers and patrons may have reasonable access as part of a service or workplace and includes:
hotels, motels and serviced apartments
clubs
schools
gymnasiums & health resorts
squash and tennis centres
recreational resorts
hospitals (hydrotherapy pools)
workplaces, and places of adult entertainment
pools used to provide swimming lessons
The code of practice is not specifically designed to apply to private residential premises.
NOTE: Instances have been cited where compliance to the NSW Public Pools requirements is required.
Queensland - Queensland Health
Public Pools
The QLD Health Swimming anf Spa Pool Water Quality and Operational Guidelines
apply to pools that are open to this public and include pools located at:
municipal and commercial sites
schools
hospitals
hotels and motels
leisure centres, health resorts, gymnasiums, clubs and resorts
camps, caravan parks
community health centres
retirement villages, unit developments such as strata title or cluster title units.
They are not intended to apply to:
private (domestic) pools and spas
natural bodies of water
Regulated Pools
The QLD Building Act 1975 defines a regulated pool as a pool that is situated on regulated land and does not include a public pool.
It should be noted that within this Act, a public pool means a swimming pools open to the public, whether or not on payment of money, and operated by a local government or other statutory body under the Statutory Bodies Financial Arrangements Act 1982.
Victoria - Dept. of Health & Human Services, Victoria
Public Pool
The Pool Operators Handbook is intended for use at all pools where the public are admitted - as either a primary or additional service.
The following examples are situations where the information in this Handbook should be applied.
apartments and body corporates
backpackers' hostels
caravan and camping parks
community and municipal pools
exhibition pools
gymnasiums, health & fitness studios
hospitals and hydrotherapy centres
prisons
private clubs
resorts, hotels and motels
retirement villages
schools and universities
sports and leisure centres
swim schools and workplaces.
Aquatic Facility
The Public Health and Wellbeing Regulations 2009 defines an aquatic facility as one that includes spa pools and swimming pools.
An aquatic facility does not include:
a whirlpool bath or spa bath that is, or intended to be, emptied of water after each individual use; or
a dam, natural watercourse or ocean pool that is used for swimming; or
a spring water pool that has a turnover rate of at least 25 percent of the entire volume of the water in the pools to waste each hour.
South Australia - SA Health
The South Australian Public Health (General) Regulations 2013 provides the following definitions:
Public Spa Pool
a spa pool that is for the use of persons on payment of an admissions or membership fee; or
a spa pool that is for the use of persons staying at a hotel, motel, guesthouse, camping or caravan ground or similar place where accommodation is provided on a temporary basis; or
a spa pool that is for the use of persons who attend, or live or work on, the premises where the spa pool is located, but not is it is used in connection with a single private residence and is only available for the use of residents or their guests;
Public Swimming Pool
a swimming pool that is for the use of persons on payment of an admissions or membership fee or a fee for swimming instruction; or
a swimming pool that is for the use of persons staying at a hotel, motel, guesthouse, camping or caravan ground or similar place where accommodation is provided on a temporary basis; or
a swimming pool that is for the use of persons who attend, or live or work on, the premises where the swimming pool is located, but not is it is used in connection with a single private residence and is only available for the use of residents or their guests;
Wester Australia - WA Dept. of Health
Aquatic Facilities are define within the Health (Aquatic Facilities) Regulations 2007 as:
one or more water bodies; and
the plant associated with each water body; and
the concourse for each water body; and
the toilets, change rooms and similar facilities provided as part of the facility; and
the lighting for the facility; and
the fence for fences, and any other structure that excludes access, around each water body; and
any other structure, building or plant necessary for the operation of each water body.
The following are not aquatic facilities for the purposes of these regulations:
an aquatic facility operated by a strata company (as defined int he Strata Titles Act 1985 section 3) for a scheme (as defined in that section) in which there are less than 30 lots, each of which is a residential lot;
an aquatic facility, that is part of a complex that consists of or includes dwelling units, if -
there are less than 30 dwelling unites in the complex; and
only long-term residents of the complex and their guests are permitted to have access to the aquatic facility;
(b) an aquatic facility that only uses water directly from the ocean;
(c) a naturally occurring water body;
(d) an aquatic facility that is exempt.
Northern Territory - NT Dept. of Health
Swimming pools, exercise pools, wave pools, recreational pools, wading pools, diving pools, SCUBA diving training pools, spa pools, waterslides, hydrotherapy and other therapeutic pools, that are used or available for use by the general public, employees, customers, tourist like accommodation, recreational and leisure industries, swimming instruction facilities or members of a club, association or body corporate.
Public Spa Pool
A public spa pool means a pool or other water-retaining structure for human use that incorporates, or is connected to equipment that is capable of heating any water contained in it and injecting air bubbles or water into it under pressure so as to cause general turbulence in the water, to which the general public has access (whether for payment of a fee or not), or which is for the general use of guests in tourist accommodation;
Public Swimming Pool
A public swimming pool includes any swimming pool, waterslide, wave pool, hydrotherapy pool or other similar structure to which the general public has access (whether for payment of a fee or not), or which is for the general use of guests in tourist accommodation, other than: (a) a spa pool; or (b) a tidal pool or other similar structure where water flows in and out according to the operation of natural forces.
Tasmaina - Dept. of Health and Human Services