Councils can use this checklist to make conducting an approved inspection program for swimming pool fences easier.

Step 1 Develop an enforcement policy

Step 2 Ensure inspectors have the necessary skills and experience

Step 3 Register with the State Penalty Enforcement Registry (SPER)

Step 4 Pass a resolution to approve the Inspection Program

Step 5 Publish a notice to inform the community of the Inspection Program

Step 6 Provide public access to the Inspection Program

Step 7 Set aside resources to help educate the public

Step 8 Undertake additional public education and advertising

Step 1: develop an enforcement policy

Do you have an enforcement policy for swimming pool fencing breaches?

Yes

Go to Step 2

No

You must have an enforcement policy that gives guidance to authorised persons about when to:

• issue a warning
• issue a show cause notice
• issue an enforcement notice
• issue an infringement notice
• prosecute by way of complaint and summons.

Example document: Enforcement Policy ( 51 KB).

Step 2: ensure inspectors have the necessary skills and experience

Do your authorised persons have the necessary skills and experience?

Yes

Go to Step 3

No

Authorised persons must have the following skills and experience to carry out an inspections:

• the powers of entry under Part 5 of Chapter 15 of the Local Government Act 1993 (LGA) if necessary the person may need to complete and be deemed competent in an appropriate training course
• the process and procedures for issuing infringement notices under State Penalties Enforcement Act 1999 (SPEA) administered by SPER
• the requirements of Part 3 and 4 of the Building Act 1975 (BA) relating to swimming pool fencing.

Have the authorised persons been properly appointed by local government under section 1084, or the CEO under section 472 of the LGA?

Yes

Go to Step 4

No

Two options are available for the authorisation of staff:

• An appointment of an authorised person can be made by the local council under section 1084 of the LGA.
• An appointment of an authorised person can be made by the CEO. This can only be carried out when the appropriate power to authorise is delegated from the local council to the CEO by resolution under section 472 of the LGA.

Example document: Instrument of Appointment ( 32 KB).

Have the authorised persons been issued with a current identification card under section 1087 of the LGA?

Yes

Go to Step 3

No

An authorised person must hold an identification card which meets the following requirements:

• contains a recent photograph of the authorised person
• be signed by the authorised person

Section 1087(4) allows the giving of a single identity card for this part and for other provisions, Acts or purposes.

Example document: Authorised Officer Identification ( 29 KB).

Step 3: ensure Council is registered with the SPER, if intending to issue infringement notices

Is the local council properly registered as an administering authority with the SPER?

Yes

Go to Step 4

No

Local councils need to register as an Administering Authority with SPER.

Once registered you will be provided with a username and password to the fines online demo extranet site. This provides you with access to the SPER Information Kit which contains a registration form, an offence code spreadsheet, and an infringement notice template.

You will be required to nominate an offence code for each offence, relating to sections 14(1), 16, 16A(2), 16B(2), 16D(5), 16E(5) and 18 of the Building Act 1975 and lodge these codes with SPER.

Example document: list of offences codes ( 56 KB).

Use the infringement notice template ( 63 KB) to develop a Council Notice.

For a quick reference to penalty units for offences under the BA see Schedule 5 of the State Penalties Enforcement Regulation 2000.

Step 4: pass a resolution to approve the Inspection Program

Has the local council passed a resolution approving the inspection program?

Yes

Go to Step 5

No

Under Section 1098 of the LGA, local councils must pass a resolution to undertake a programmed inspection. This approved inspection program states the purpose of the program and when the program starts. There are two choices for an approved Inspection Program: selective or systematic.

A selective inspection program must identify:

• criteria used for selecting the places to be entered and inspected
• individual localities (if the places are not all in the same area).

A systematic inspection program must identify

• locality
• type of premises to be inspected
• duration of the program (not exceeding three months).

Example document: Resolution ( 29 KB).

Step 5: publish a public notice to inform the local community of the Inspection Program

Have you published your notice of intention to inspect properties?

Yes

Go to Step 6

No

You must publish a notice of the program developed in step 4 in a newspaper circulating generally in the local council area. This will tell the community exactly when and where you are intending to inspect. For details on publication see section 1099 of the LGA.

Example document: Public Notice of Inspection Program ( 23 KB).

Step 6: provide public access to the Inspection Program

Have you ensured a copy of the Inspection Program is available for inspection at council’s public office?

Yes

Go to Step 7

No

Copies of the program you have published in the paper must be available for viewing and purchase, in accordance with Section 1100 of the LGA. This notice could also appear on your website and on community notice boards.

Step 7: set aside resources to help educate the public

Do you have enough supporting information and resources on hand to supply to the public to help them comply with the swimming pool fencing laws?

Yes

Go to Step 8

No

Estimate the number of enquires from the public and maintain a supply of brochures, web information pages, or fact sheets. Contact us for a supply of pamphlets or download them.

Step 8: undertake additional public education and advertising

Have you implemented an education program for the public to help them understand what is required and how important pool safety is?

Yes

You have completed the process.

No

It is recommended that local councils value-add to their inspection and compliance program by conducting an educational campaign in the local area. The campaign could include:

• running information sessions
• sending news releases and advertisements to the local papers
• staffing information displays in shopping centres or local shows
• displaying brochures or leaflets in libraries, other council buildings, and on community notice boards
• distributing information through local pool supply businesses.