Pool Owners Must Get Safety Certificates or Face Fines; Spas With Lockable Lids Meet Fewer Safety Rules; Construction Licences Cancelled if Company Goes Into Administration
Building and Construction Legislation Amendment Bill 2025 (No 2)
Topics
building standards housing professional licensing public safety real estate regulatory compliance swimming pool safety
Introduced by: The Hon Chris Steel MLA (ALP) — Minister , Minister for Heritage, Minister for Planning and Sustainable Development, Minister for Sport and Recreation, Treasurer
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Owners of regulated swimming pools must obtain a 'compliance status certificate' to show if their pool meets safety standards. If a pool has only a partial exemption from safety rules, the owner must still get this certificate. Owners must lodge their certificate with the Construction Occupations Registrar within 30 days of receiving it.
Owners of regulated swimming pools can be fined if they fail to obtain a compliance status certificate or do not have the required building approval and occupancy certificate to prove the pool is safe.
Spas are now exempt from certain safety standards regardless of when they were built, provided they have a lockable, child-resistant lid.
A corporate construction licence is now automatically suspended if the company is placed into administration, receivership, or liquidation.
Companies or partnerships providing construction services can appoint a 'nominee' in writing to supervise their work. The nominee must be licensed and meet eligibility rules. If a nominee is no longer eligible, their appointment ends automatically.
Medical gasfitters must report any medical gas systems that pose a risk to the Construction Occupations Registrar. Anyone who identifies a risk in a medical gas system must give written notice to both the Registrar and the person responsible for the system as soon as possible.
The Construction Occupations Registrar can now be involved in legal proceedings regarding unsafe medical gas systems.
The Construction Occupations Registrar will no longer publish director identification numbers, regulatory action details, or past residential development activities on the public register of property developers. However, the Registrar can still choose to publish details about regulatory actions or building defects.
The Construction Occupations Registrar will use rating reports and records of previous regulatory actions to decide whether to grant, condition, or refuse a property developer licence.
Building licensees must now provide a draft building manual (which explains how to manage and maintain the building) to the certifier for approval.
People completing building work must provide plans and drawings that clearly show the state of the work at the end of the construction process. They must also provide a copy of any notice given to the certifier during the process.
The Government can now adopt certain professional engineering documents into regulations without being required to publish them, such as when the documents are protected by copyright.