Latest Update

NEXTGEN EXPERTS - INDUSTRY UPDATE

This week's update centres on practical WHS action, excavation and electrical risk, contract pricing, a New Zealand pool-barrier determination and approaching ACT, Victorian and New Zealand deadlines. 

AUSTRALIA - NATIONAL

Turn Safe Work Month into a practical action plan

National Safe Work Month enters its final week from 26 to 31 October. Safe Work Australia is asking workplaces to move from discussion to action by choosing improvements that continue beyond October. For pool and spa businesses, a short team review should focus on the real work: excavations, mobile plant, electrical isolation, chemical exposure, heat, work at height and supervision.

Safe Work Australia also published its Best Practice Review of the model WHS laws on 19 October. Its 21 recommendations address fatality prevention, national coordination and emerging risks including climate change, artificial intelligence and harmful workplace behaviour. This is a reform agenda, not a change to current duties. WHS laws remain regulated and enforced by the relevant jurisdiction. Our recommendation is to record one control improvement, allocate an owner and set a review date.

Primary references:

- Safe Work Australia - National Safe Work Month and Week 4: https://www.safeworkaustralia.gov.au/national-safe-work-month/week-4

- Safe Work Australia - Best Practice Review release: https://www.safeworkaustralia.gov.au/media-centre/media-release/safe-work-australia-calls-national-action-prevent-workplace-fatalities-and-manage-emerging-workplace-risks

- Best Practice Review report page: https://www.safeworkaustralia.gov.au/doc/best-practice-review-model-work-health-and-safety-laws

Draft AS 3633 public comment has closed

Public comment on draft AS 3633, Residential and public pools - Water quality, closed on 21 October. The project now moves into committee consideration of submissions. The draft is not a published standard and is not, by itself, a legal requirement.

Trade shortages keep pressure on price and delivery risk

HIA's September-quarter survey reports its Trades Availability Index improved from -0.59 to -0.50, but skilled trades remained difficult to secure. It reports trade prices rose 6.6 per cent over the year to September, the fastest pace in four years. These are industry survey findings, not official price controls or a right to reprice a contract.

For pool builders and suppliers, the practical response is tighter estimating: confirm subcontractor availability and supplier validity periods, state assumptions, price realistic contingencies and align the construction program with contractual notice and variation requirements.

Primary references:

- HIA - Trades shortages persist: https://hia.com.au/our-industry/newsroom/economic-research-and-forecasting/2026/10/trades-shortages-persist-as-work-on-the-ground-remains-solid

NEW SOUTH WALES

Excavation decision reinforces edge protection and exclusion zones 

In SafeWork NSW v Shoringco Pty Ltd [2026] NSWIC 60, the Industrial Court imposed two fines of $85,000 after a worker fell into an excavation when a concrete line clogged and failed. The judgment identified inadequate edge protection, failure to enforce an exclusion zone and insufficient instruction about safe distances from vehicles and plant.

The decision is directly relevant to pool excavations. Before pumping, lifting or plant movement, confirm physical edge protection, plant-and-person separation, line condition, emergency steps and supervision. A generic SWMS is not enough if the controls are absent or ignored at the point of work.

Primary references:

- NSW Caselaw - SafeWork NSW v Shoringco Pty Ltd [2026] NSWIC 60: https://www.caselaw.nsw.gov.au/decision/1a12e74d5ddfa898f80f0727

- SafeWork NSW prosecution summary: https://www.safework.nsw.gov.au/news/safework-media-releases/company-fined-a-total-of-$170,000-after-worker-falls-into-excavation-pit

Workplace exposure limit webinar is tomorrow  

SafeWork NSW's one-hour webinar on 27 October explains the move from Workplace Exposure Standards to Workplace Exposure Limits on 1 December 2026. Limits for a range of hazardous chemicals and other substances will change.

Pool builders, technicians and manufacturers should identify the dusts, fumes, vapours and gases generated or used at work, then check whether monitoring, ventilation, respiratory protection or procedures need updating. Do not assume that every pool chemical has changed; compare each relevant substance with the revised list.

Primary references:

- SafeWork NSW - Workplace Exposure Limits webinar: https://www.safework.nsw.gov.au/events/safework-events/workplace-exposure-limits-are-you-ready

Aquatic project continuity after architect liquidation  

SPLASH! reports that the architect for Liverpool City Council's Carnes Hill Aquatic and Recreation Centre entered voluntary liquidation after issuing 60 per cent tender documentation, while members of the senior team moved to another practice. Council had approved the development application and is progressing contractor procurement. 

This is a project and commercial continuity issue, not a regulatory change. Tenderers, consultants and councils should verify document ownership, design responsibility, reliance rights, professional indemnity coverage, certification pathways and who will answer technical queries before relying on inherited design material. 

Primary references:

- SPLASH! - Aquatic centre architects regroup: https://www.splash.online/articles/aquatic-centre-architects-regroup-following-liquidation-decision

- Liverpool City Council - Carnes Hill Aquatic Centre: https://www.liverpool.nsw.gov.au/development/current-major-works/carnes-hill-aquatic-centre

QUEENSLAND

QBCC flags fixed-price contract exposure

QBCC has identified fixed-price contract exposure and builder viability as significant risks where labour, materials, freight, insurance and subcontractor costs continue to move after signing. Its guidance is practical risk management; it does not create a new power to increase a fixed price.

Before signing a pool contract, test duration, lead times, subcontractor availability, site conditions and the delay and variation clauses. Use a detailed scope and written assumptions, document client approvals and agree price and time consequences before changed work begins. Review margins and cash flow throughout the job, not only at commencement.

Primary references:

- QBCC - Fixed-price contracts: what licensees should know: https://qbcc.qld.gov.au/news/fixed-price-contracts-what-qbcc-licensees-should-know

AUSTRALIAN CAPITAL TERRITORY

Falls alert puts construction controls under the spotlight

WorkSafe ACT reports 173 accepted falls-from-height claims across 2023-24 and 2024-25, with construction accounting for 36 per cent. Its enforcement data also points to recurring problems with SWMS and fall protection.

Pool work can involve roofs, solar heating, retaining structures, plant platforms and open excavations. Review access, edge protection and rescue arrangements, confirm workers understand the SWMS and reassess controls when the site or task changes.

Primary references:

- WorkSafe ACT - Falls from height alert: https://www.worksafe.act.gov.au/health-and-safety-portal/safety-alerts/falls-from-height-remains-a-significant-cause-of-workplace-injury-in-the-act

NCC transition milestone arrives on 1 November

ACT guidance says projects formally lodging a Development Application or Works Approval application before 1 November 2026 may continue to seek Building Approval under either NCC 2022 or NCC 2025 until that application expires. After the transition, projects that will not achieve Building Approval by 1 May 2027 should be designed for NCC 2025.

For aquatic projects tied to a broader building approval, confirm the nominated NCC edition now. A project cannot mix provisions from the two editions.

Primary references:

- ACT Government - NCC 2025 transition arrangements: https://www.planning.act.gov.au/planning-projects/building-regulatory-system/national-construction-code-ncc

VICTORIA

Waterproofing fire charges: separate heat from flammables

WorkSafe Victoria has charged a waterproofing company after a fire allegedly occurred while a gas torch was used to dry brickwork before application of a highly flammable Class 3 adhesive. The regulator alleges shortcomings in information, instruction, training, ventilation and the system of work. The charges are allegations and have not been proven.

The risk is directly transferable to pool waterproofing and repair work. Read the SDS, remove ignition sources, confirm ventilation and substitute safer drying or application methods before using solvent-based products.

Primary references:

- WorkSafe Victoria - Waterproofing company charged: https://www.worksafe.vic.gov.au/news/2026-10/waterproofing-company-charged-following-fire

Pool and spa red-tape proposals due to SPASA by 2 November

The Building and Plumbing Commission has asked SPASA to identify practical improvements to building approvals, inspections, insurance and contracts for Victorian pool and spa projects. SPASA is seeking specific problems and workable solutions for its submission by 2 November.

This is an industry consultation, not a change to law. Builders and consultants should provide anonymised examples, identify the affected process and authority, quantify cost or delay where possible and propose a solution that preserves safety and consumer protection.

Primary references:

- SPASA - Victorian pool and spa industry consultation: https://www.spasa.com.au/news/do-you-build-pools-or-spas-in-victoria

NORTHERN TERRITORY

Arc-flash alert: isolate before drilling  

NT WorkSafe issued an alert after two recent arc-flash incidents involving drilling on energised equipment; one caused burn injuries. The regulator identified failures to de-energise and isolate, and work that differed from the SWMS without reassessment.

Pool plant rooms can combine electrical equipment, batteries, pumps and wet conditions. Stop before drilling or modifying an enclosure: identify all energy sources, isolate and lock out, prove de-energised and reassess whenever the task changes. Electrical work must be performed by appropriately licensed people.

Primary references:

- NT WorkSafe - Arc flash risk while drilling: https://worksafe.nt.gov.au/forms-and-resources/safety-alerts/arc-flash-risk-whilst-drilling-on-or-near-energised-electrical-equipment

WESTERN AUSTRALIA

Rural building-permit change is limited to Class 10c shelters 

The Building Amendment Regulations (No. 3) 2026 commence substantively on 1 November. They separate Class 10c private bushfire shelters from the rural exemptions that continue to refer to Class 10a and 10b buildings, while retaining a Class 10c exemption in the Murchison district and transitional protection where work or a contract predates commencement.

This is an adjacent-construction change. It should not be presented as a new pool-permit rule. Businesses delivering a pool with a rural home or shelter should have the permit pathway confirmed for each structure rather than relying on the site's earlier exemption history.

Primary references:

- WA Legislation - Building Amendment Regulations (No. 3) 2026: https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent=&query=mrdoc_49875.pdf

NEW ZEALAND

Defective notice reversed, but the pool barrier still failed  

MBIE Determination 2026/037 found that a boundary pool barrier did not comply with Building Code clause F9.3.1, despite an earlier code compliance certificate. It also reversed the council's notice to fix because the notice alleged non-compliance with Acceptable Solution F9/AS1 rather than the Building Code requirement and did not adequately specify the remedy.

The result does not validate the barrier. Owners retain the ongoing duty under section 162C of the Building Act 2004. F9/AS1 is one compliance pathway; an alternative solution must still meet clause F9. For councils, inspectors and experts, the lesson is to distinguish the performance requirement from the chosen compliance pathway and state the contravention and remedy precisely. The determination is binding on its parties and should be applied cautiously to other facts.

Primary references:

- MBIE - Determination 2026/037 overview: https://www.building.govt.nz/resolving-problems/resolution-options/determinations/determinations-issued/determination-2026-037

- MBIE - Determination 2026/037 full decision: https://www.building.govt.nz/assets/Uploads/resolving-problems/determinations/2026/2026-037.pdf

PRIORITY ACTIONS AND DEADLINES

- Today - New Zealand: final day for the Building System Reform consultation, where relevant to broader project approvals.

- 27 October - NSW: attend the Workplace Exposure Limits webinar; prepare for 1 December.

- 29 October - New Zealand: expressions of interest close for the swimming pool building qualification advisory group.

- 1 November - ACT: NCC transition lodgement milestone. WA: Class 10c permit amendments commence.

- 2 November - Victoria: practical pool and spa red-tape proposals due to SPASA.

- This week - all jurisdictions: choose one WHS improvement, assign responsibility and set a review date.

Need clarity or support?

NextGen Experts provides practical, independent advice on contracts, compliance, technical issues, disputes and business operations across the swimming pool and spa industry. If you need help understanding a change or deciding what to do next, please reach out.

www.nextgenexperts.com.au | info@nextgenexperts.com.au | 0449 065 841

Spiros Dassakis
Principal Consultant | NextGen Experts
www.nextgenexperts.com.au