The pool safety laws every homeowner needs to know

Build-it
By Build-it
8 Min Read

There’s nothing more exciting than planning your dream backyard pool. Whether it’s for summer BBQs, weekend pool parties, or just cooling off on a scorching day, having a pool at home is an Aussie homeowner’s dream come true. 

But before you dive in (literally), it’s important to check your pool is safe and legally compliant. After all, while pools are fantastic for a bit of fun and fitness, they do come with some serious safety responsibilities.

In 2024, Royal Life Saving Australia stats revealed almost one in ten drowning incidents (35 deaths) involved a swimming pool, and over half of those took place in Aussie backyards. 

And according to CEO Justin Scarr, it’s an unfortunately unsurprising statistic, as drowning has “long been one of the leading causes of death in children aged 1-4 years”. 

“While we’ve made significant long-term progress in reducing child drowning rates, for every toddler drowning death, approximately eight children are admitted to hospital as a result of non-fatal drowning,” he said. 

“Child drowning in backyard swimming pools often results from a lapse in supervision, meaning the pool fence and gate is critical.”

With most accidents happening around the same time of year (December and March), experts are recommending now is the perfect time to check your pool safety is up to snuff – especially if you want to avoid a hefty fine. 

So, whether you’re about to build a brand-new pool or already have one, here’s everything you need to know to stay compliant and keep your pool area as safe as possible.

Are pool fences mandatory in Australia?

Yes, they are. A pool fence acts as a safety barrier, preventing young children and pets from accessing the water unsupervised. If you’ve got little ones, you know how curious they can be—always exploring, often getting into places they shouldn’t. That’s why restricting access to swimming pools is so important.

Back in 1991, the Australian Government introduced national pool fencing laws to help prevent child drownings. While each state and territory has made its own modifications over the years, one rule remains consistent: any pool with a depth of 300mm or more must have a compliant safety barrier. This includes inflatable and portable pools that meet the depth requirement.

So, whether you’re in Queensland, Victoria, or anywhere else in Australia, if your pool meets the depth threshold, a fence is non-negotiable.

The Australian safety standards for pool fencing

Pool fencing has to meet the Australian Standard AS1926-2012 (Shutterstock)

Most states follow the Australian Standard AS1926-2012, with slight variations depending on the region. Generally, the key requirements include:

  • Minimum height of 1.2m for pool fencing
  • Boundary fences acting as pool barriers must be at least 1.8m high
  • Gaps between the fence and the ground cannot exceed 100mm
  • Fence materials must be durable and in good condition
  • A 900mm “Non-Climbable Zone” around the outside of the fence to prevent climbing

While most states adhere to the national standard, there are some exceptions. The Northern Territory follows an older set of rules (AS1926.1-1993), and Queensland has its own specific standard.

If you’re unsure which regulations apply to your area, it’s best to consult a local expert to ensure your pool fencing is up to scratch.

How high should a pool fence be?

Regardless of where you live, your pool fence must be at least 1.2m tall, with no gaps larger than 100mm at the bottom to prevent children or pets from slipping through. The gate latch must be positioned at least 1.5m above the ground, ensuring it’s out of reach for young children.

These height and spacing requirements are designed to make it as difficult as possible for kids to climb, squeeze under, or open the gate themselves.

Can a boundary fence be used as a pool fence?

If your backyard boundary fence surrounds your pool, you might be in luck. In many cases, a boundary fence can double as a pool safety barrier, provided it meets the necessary safety requirements. According to AS1926-2012, a boundary fence must be at least 1.8m high and must also have a 900mm non-climbable zone.

However, some states—like Queensland and the Northern Territory—have their own additional regulations. If your pool was built before certain cut-off dates in NSW or Victoria, different rules may apply.

Given these state-specific variations, it’s always a good idea to check with the pros before giving your pool fence the all-clear. 

Can a pool cover replace a pool fence?

Short answer: No. While pool covers are great for keeping out leaves and debris, they are not a substitute for fencing.

Although some covers may look solid, they are not designed to support weight. A child could easily walk on top, fall through, and become trapped underneath. That’s why pool covers should never be relied upon as a safety barrier.

Fencing remains the only legally accepted way to restrict access and keep children safe.

What are the fines for non-compliant fencing? 

Failing to install a compliant pool fence can result in significant fines, and the penalties vary depending on where you live.

  • Queensland: On-the-spot fines of $235.60 with a maximum court penalty of $2,356
  • Victoria: On-the-spot fines of $1,652.20
  • NSW: On-the-spot fines of $550 with a maximum penalty of $5,500. 
  • WA: A maximum penalty of $5,000 for non-compliance. 

If you’re unsure whether your pool fence meets the latest requirements, it’s worth booking an inspection with a qualified expert. Not only will this help you avoid fines, but it will also give you peace of mind knowing your family and visitors are safe.

A safe summer splash

Owning a pool comes with great perks, but it also comes with serious responsibilities. Australian pool safety laws exist for a reason—to prevent tragedies and protect young children from preventable drownings.

If you haven’t checked your pool fence in a while, now’s the time to do it. Make sure it meets Australian Standards, is in good condition, and functions as a proper safety barrier. If you’re unsure about compliance, seek advice from a professional.

A safe pool is a fun pool—so take the time to make yours secure before your next swim sesh.

Share This Article