Exemptions To Pool Safety Laws

Exemptions To Pool Safety Laws

May 13, 2026

While most water-filled structures are regulated, there are a few exceptions. The following are not considered swimming pools under Queensland law:

Fishponds

Ornamental ponds or structures used solely for decoration

Dams used for aquaculture, marine research, or water storage

Natural watercourses (e.g., rivers, creeks)

Spa baths located inside bathrooms (if not continually filled with water)

Birthing pools used exclusively for water births

Portable wading pools that:

Hold less than 300mm of water,

Have a volume of no more than 2,000 litres, and

Do not include a filtration system.

Why Compliance Matters

The primary goal of pool safety laws is to prevent drowning incidents, particularly among young children. Drowning is one of the leading causes of death for children under five in Australia, and many of these tragedies occur in home pools. By ensuring your pool area is secure and compliant, you’re not only following the law but also protecting your loved ones and guests.

Key Steps to Ensure Compliance

Install a Compliant Safety Barrier: This includes fences, gates, and other barriers that meet Queensland’s safety standards.

Regular Maintenance: Inspect your pool area regularly to ensure the barrier remains secure and in good condition.

Obtain a Pool Safety Certificate: If you’re selling or leasing your property, you may need to provide a valid Pool Safety Certificate (Form 23).

Educate Your Family and Guests: Make sure everyone using the pool understands the importance of safety and supervision.

Final Thoughts

Swimming pool safety laws are in place to save lives. Whether you own a permanent pool, a portable spa, or are considering installing one, it’s essential to understand and comply with these regulations. By doing so, you’ll create a safer environment for everyone to enjoy.

If you’re unsure whether your pool meets the required standards, consider consulting a licensed pool safety inspector. They can provide expert advice and help you make any necessary changes to ensure compliance.

blog author avatar
Shayne Guy is an Australian pool industry expert and entrepreneur with extensive experience in pool maintenance, pool safety, and pool heating. He is the founder behind Pool Safe AU, Best Pool Heating, and Pool Maintenance & Safety Aust. Shayne shares practical, industry-informed advice on swimming pool safety, maintenance, heating solutions, energy efficiency, and pool care to help Australian homeowners make confident decisions and enjoy their pools safely year-round.
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