Pool fence fines in NSW: penalty notices, directions and complaints

Published 23 October 2026

Pool fence fine amounts in NSW

Schedule 1 of the Swimming Pools Regulation 2018 sets the penalty notice amount for each offence. The maximum court penalties are in the Swimming Pools Act 1992, in penalty units.

Pool fence fines and maximum penalties in NSW

Sources: Swimming Pools Regulation 2018, Schedule 1, and Swimming Pools Act 1992, current versions checked 23 October 2026. Dollar maximums are our arithmetic at $110 a penalty unit, the value given by the Judicial Commission of NSW (section reviewed March 2024).

Schedule 1 also lists $550 for the barrier rules for pools at movable dwellings and tourist and visitor accommodation (section 12) and indoor pools (section 14). The Act puts some duties on the owner and others on the occupier, who may be a tenant. An owner who wasn't the occupier has a defence if they took all reasonable steps and weren't aware, and couldn't reasonably have been aware, of the facts (section 25). The pool fence regulations guide covers the barrier rules themselves.

Some councils publish the amounts too. The City of Canterbury Bankstown says "If you don't register your pool, you could face a $220 fine" and "Fines of $550 apply if a pool is not completely surrounded by a compliant pool fence."

How councils enforce the pool fence rules

A council can find a non-compliant pool through its inspection program, a sale or lease inspection, a certifier's notice after a failed inspection, or a complaint. What happens next is set out in the Act:

1. Notice of intention. Before giving a direction, the council must give the owner at least 14 days' notice that it intends to, unless someone's safety is at risk (section 23).
2. Direction. A written order to make the pool comply within a reasonable time. It must give reasons and say you can appeal to the Land and Environment Court, within 28 days. A direction binds a new owner too.
3. Penalty notice or court. Not complying with a direction is an offence. The council can issue a $550 penalty notice or take the owner to court.
4. Council does the work. If the direction isn't followed, the council can have the work done and recover the reasonable cost from the owner as a debt (section 23A).

A penalty notice doesn't have to wait for a direction. Section 35 lets an authorised officer issue one whenever it appears an offence has been committed, such as a pool gate propped open.

Councils differ on when they fine. Mosman Council says penalty notices "are not used as an initial response", though it will issue one where an owner of a defective barrier won't pay for the inspection. Ku-ring-gai Council says "Penalty notices will be issued at the discretion of the authorised officer" and describes "A minimal tolerance approach". Georges River Council said in January 2026 that it "has successfully prosecuted several cases in the Local Court", resulting in "fines and criminal records".

Complaints about a pool fence

You can raise a concern about a pool barrier with the local council, and none of the council pages we read limits who can complain. Under section 29A of the Act, when the council receives a written complaint alleging a breach, it must, as far as is practicable, start investigating within 72 hours. It can decline a complaint it considers vexatious, misconceived, frivolous or lacking in substance, and must tell the complainant in writing if it does.

Before entering to inspect, the council must take reasonable steps to tell the owner or occupier about the complaint and arrange a convenient time. None of the council pages we read says whether a complainant's name is kept from the owner, so ask your council if that matters to you.

Paying or disputing a pool fence fine

A penalty notice is dealt with under the Fines Act 1996: you can pay it, or have the matter decided by a court. Ku-ring-gai Council says appeals against its penalty notices go through Revenue NSW, and warns that a court could impose a greater fine than the notice.

Paying the fine doesn't fix the pool. The barrier still has to be made compliant, and a direction stays in force until it's done.

How to avoid a pool fence fine

• Keep pool gates and doors closed whenever they're not in use. Never prop a gate open, even while you're in the yard.
• Test the gate regularly: it should close and latch by itself from any position. The pool gate guide explains how.
• Register the pool on the NSW Swimming Pool Register. Online registration is free: see the register guide.
• Keep a CPR sign near the pool that can be read from 3 m.
• Keep pots, furniture and plants out of the non-climbable zone.
• Get the barrier inspected and fix what the certifier lists.

A valid certificate of compliance helps too. Section 25 gives the owner a defence if there's a valid certificate of compliance and the barrier is the same, and in substantially the same condition, as when it was issued.

Common questions