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Swimming Pool Compliance Inspection, appeals and Directions Presented by Bruce Begnell and Jeremy Dicello. Enforcement. As a Certifier or Council officer you have Legal, moral and ethical obligation Enforcement requirements are detailed in Part 3 of the Act. Enforcement.
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Swimming Pool Compliance Inspection, appeals and Directions Presented by Bruce Begnell and Jeremy Dicello Session 9 pool course
Enforcement As a Certifier or Council officer you have • Legal, moral and ethical obligation • Enforcement requirements are detailed in Part 3 of the Act Session 9 pool course
Enforcement AuthorisedOfficer Council can appoint: • Any of its employees • And other person with the approval of the Director General of the Department of Premier. • Authorisedperson must have a certificate of identification • Must produce certificate on demand Session 9 pool course V5 May 2014
Enforcement Grounds for entering premises • Carryout an inspection • Investigate a compliant • Investigate any contravention of the Act Powers of Entry • Part 2 of Chapter 8 of the Local Government Act 1993 applies to the entry of the premises for the purposes of the Swimming Pools Act Session 9 pool course
Enforcement Section 29A - Investigation of complaint • Applies to a complaint made in writing • Must commence investigation within 72 hours • Before entering a property to examine, should • Notify the owner or occupier about the complaint • Arrange to carryout the examination at a convenient time Session 9 pool course
Enforcement Section 29A - Investigation of complaint • Council may decline to investigate if considered vexatious, misconceived, frivolous and the like • Must notify the complainant in writing if they decline to investigate Session 9 pool course
Part 3A – Registration Section 30A – The Register of Swimming Pools • There is a State wide register for pools • Maintained by the State Government through the DLG • All pools had to be registered by 29 October 2013 Session 9 pool course
Part 4 – Miscellaneous Section 32 – Relationships with other Acts • Swimming pool Act prevails if there are inconsistencies with any other Act Section 33 – Expenses - Dividing Fences Act • Expenses of altering, repairing, replacing or maintaining a dividing fence to comply with the Swimming Pool Act is borne by the : • Owner of the premises on which the pool is on • Both if there is fence bounds both pools Session 9 pool course
Review Questions • Does a Council Swimming Pool inspector need to be accredited before he/she can issue a swimming pool compliance certificate? • Under what circumstances can a Council officer refuse to investigate a complaint made about a swimming pool barrier? • Who is responsible for expenses relating to the repairing or replacing a dividing fence used as a swimming pool barrier? Session 9 pool course