Latest Update

This week’s update focuses on the NCC usability, public-pool water quality, construction enforcement and high-risk lifting work. The immediate priorities are to prepare for the 1 December exposure-limit change, review current public-pool procedures in NSW and tighten controls around cranes, falling objects, asbestos and work at height. 

AUSTRALIA - NATIONAL

ABCB asks users to identify difficult NCC provisions and repeated Performance Solutions Consultation 

The Australian Building Codes Board has opened a national consultation on NCC provisions that are difficult to interpret or apply and on Performance Solutions repeatedly prepared for similar projects. The consultation is seeking specific clauses, recurring problems and practical suggestions.

This is a proposal-development exercise, not a change to the NCC. Pool and spa builders, designers, certifiers, consultants and plumbing practitioners should submit concrete examples where an NCC provision creates uncertainty or where a recurring Performance Solution may indicate that the code could be clearer. Identify the project context, the provision and the practical consequence; avoid general complaints without evidence.

The ABCB says the consultation will remain open for several months and that notice will be given before it closes. Record candidate examples now and monitor the page for the closing date.

Primary reference: https://consultation.abcb.gov.au/simplifying-ncc-provisions-and-performance-solutions

NEW SOUTH WALES 

Use the 2026 public-pool and spa water-quality guidance

NSW Health has published the 2026 Guidelines for Managing Water Quality in Public Swimming Pools and Spa Pools. The guidance is for operators, managers and regulators and sits alongside the Public Health Act 2010 and Public Health Regulation 2022.

The legal duties remain in the legislation. Public pools and spas must be notified to the local council, use approved chlorine or bromine disinfectants, meet the prescribed operating, monitoring and recordkeeping requirements in Schedule 1, and retain daily monitoring records for six months. The guidance also provides incident-response material for faecal or vomit contamination, suspected illness and microbiological exceedances.

Public-pool operators, service contractors, consultants and facility managers should replace superseded procedures, compare current operating manuals and log sheets with the 2026 document, and ensure staff know the closure, treatment, verification and escalation process. Hotels, schools, hospitals, clubs and commercial accommodation can fall within the public-pool definition.

Primary references:

https://www.health.nsw.gov.au/environment/water/Pages/managing-pool-water-quality.aspx

https://www.health.nsw.gov.au/environment/water/Pages/public-pools-and-spas.aspx

AUSTRALIAN CAPITAL TERRITORY 

Weekend construction operation confirms compliance activity is not confined to weekdays

WorkSafe ACT inspectors visited residential and commercial construction sites in Denman Prospect and Whitlam during a weekend operation. The regulator reports issuing seven prohibition notices, 16 improvement notices and five infringement notices.

The announcement does not publish a complete issue-by-issue breakdown, so no conclusion should be drawn about a particular trade or contractor. The practical message for pool builders and subcontractors is that WHS systems, supervision, site access and controls must remain effective whenever work occurs, including weekends and after-hours work. 

Review who is responsible when the normal site team is absent, how subcontractors are inducted and monitored, and whether high-risk work documents and controls are available and followed at the actual time of work. 

Primary reference: https://www.worksafe.act.gov.au/about-worksafe-act/news-and-media/worksafe-act-weekend-operation-identifies-construction-safety-concerns

QUEENSLAND 

Keep workers outside the crush zone when positioning crane loads  

Workplace Health and Safety Queensland has issued an alert after a worker sustained serious foot injuries when a load of about 4.5 tonnes was being lowered into position using an overhead crane. The regulator states that its initial findings are not confirmed and the investigation is continuing.

The controls are directly relevant when lifting pool shells, packaged plant, tanks and other heavy components: plan the lift and landing area, establish an exclusion zone, confirm operator and dogging competence, inspect appropriately rated lifting gear, secure and balance the load, use tag lines where suitable and maintain reliable communication.

Workers should remain clear of the load path and crush zone while the load is moving or being landed. A lift plan should address how final positioning will occur without hands or feet entering the line of fire.

Primary reference: https://www.worksafe.qld.gov.au/news-and-events/alerts/incident-alerts/2026/workplace-incident-serious-injury-by-crane-load

VICTORIA 

Falling-object alert: check restraints, exclusion zones and lifting containers  

WorkSafe Victoria has warned employers and self-employed people to control falling-object risks when lifting, lowering or suspending loads. The alert follows several recent incidents, including one where materials fell about 16 storeys and seriously injured a worker.

For pool and spa projects, the transferable risk includes craned materials, equipment placed in pallet cages or stillages, loose items and work next to public areas. WorkSafe recommends choosing the safest crane, travel and landing locations; using exclusion zones; confirming containers are designed and rated for the load; using qualified people for rigging and slinging; restraining loose materials; and monitoring wind and visibility.

Review lift planning and SWMS content before the next delivery or crane lift. Confirm the controls protect workers, occupants and the public, not only the people directly involved in the lift.

Primary reference: https://www.worksafe.vic.gov.au/safety-alerts/dangers-relating-falling-objects-while-lifting-lowering-and-suspending-loads

SOUTH AUSTRALIA 

Asbestos demolition charge reinforces pre-work identification duties  

SafeWork SA has commenced a prosecution alleging that a construction company exposed workers to airborne asbestos fibres during demolition work. The regulator alleges warning stickers were displayed and an asbestos register had been supplied, but adequate identification, inspection and removal procedures were not in place before demolition began.

The charge is an allegation and the court has not determined liability. The practical lesson for pool renovations, demolition and excavation near existing structures is to obtain and review the asbestos register, inspect the work area, identify material likely to be disturbed, engage appropriately licensed removalists where required and stop work if conditions differ from the information provided.

Contractors should also record how asbestos information is passed to workers and subcontractors before disturbance begins. A register sitting in a project file is not a substitute for a task-specific review and control process.

Primary reference: https://www.safework.sa.gov.au/news-and-alerts/news/news/2025new/charges-laid-over-asbestos-risk-failures-at-demolition-site

HIA updates its South Australian new-home contract Awareness

HIA has updated its South Australian Building Contract for New Homes. Its announcement says the October 2023 form remains compliant for contracts already signed. The revised form adds a provisional-sum schedule and changes definitions and builder obligations, including treatment of restricted access and disclosure where materials are not new.

This is an HIA contract-product update, not a legislative amendment. Pool builders using the form, or contracting within a wider home project that uses it, should confirm which edition applies, complete prime-cost and provisional-sum information accurately and ensure special conditions align with the scope, access assumptions and material selections. Obtain legal advice before modifying standard terms.

Primary reference: https://hia.com.au/resources-and-advice/managing-your-business/dealing-with-contracts/articles/updates-to-sa-building-contract-for-new-homes

WESTERN AUSTRALIA 

Pool heat-pump work must stay within the restricted electrical licence scope  

Building and Energy’s current guidance for refrigeration and air-conditioning restricted electrical licence holders confirms that licensed holders may disconnect and reconnect R&AC equipment, fault-find power and control circuits, work within the R&AC package and undertake specified control-circuit work within their endorsed scope. 

The licence does not authorise installation or alteration of fixed wiring. This distinction is important for pool heat pumps and packaged heating or cooling equipment. Service businesses should map each task to the worker’s licence and endorsement, separate fixed-wiring work for an appropriately licensed electrical worker and avoid treating equipment competence as authority to perform unrestricted electrical work.

Check the worker’s actual licence conditions and the current fact sheet before allocating work; retain evidence of the licensing decision in the job record.

Primary references:

https://www.wa.gov.au/government/multi-step-guides/restricted-electrical-licence/refrigeration-and-air-conditioning-restricted-electrical-licence

https://www.wa.gov.au/government/publications/refrigeration-and-air-conditioning-restricted-electrical-licence-fact-sheet

NEW ZEALAND

Residential construction fall-prevention inspections continue through December  

WorkSafe New Zealand inspectors are proactively visiting residential construction sites through December to assess how fall risks are being managed. WorkSafe says the programme includes subcontractors and tradespeople and that enforcement action may be taken where serious risks are not controlled.

Pool builders and installers working on residential sites should expect scrutiny of task planning, safe access, edge protection, scaffolding, ladders and coordination between businesses. Short-duration work is not a reason to relax fall controls.

Before work starts, identify every location where a worker could fall, select equipment suited to the task, confirm who maintains shared controls and stop work when another trade alters an access system, platform or barrier.

Primary reference: https://www.worksafe.govt.nz/about-us/news-and-media/worksafes-focus-on-residential-construction-sites-aims-to-prevent-falls-from-height/ 

PRIORITY ACTIONS AND DEADLINES 

• Now — NSW: replace superseded public-pool operating procedures and incident-response material with the 2026 guidance.

• Before the next lift: review exclusion zones, load restraint, landing arrangements, competence and communication for pool shells and heavy plant.

• Before demolition or renovation: review the asbestos register, inspect the work area and identify material that may be disturbed.

• October–December — New Zealand: prepare residential sites for active WorkSafe fall-prevention inspections.

• 1 December 2026 — Australia: the wider workplace exposure-limit transition proceeds, subject to jurisdictional implementation.

• 1 June 2027 — Australia: the reduced benzene limit is scheduled to commence.

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

Spiros Dassakis

Who We Are

Experience that brings context, judgement and perspective

NextGen Experts is an independent specialist consultancy providing technical, commercial, regulatory and dispute-related support across the swimming pool and spa industry and related sectors.

Our work draws on more than two decades of industry experience spanning construction, servicing, standards, regulation, education, business operations, governance and dispute resolution.

That breadth matters. Many issues cannot be understood by looking at a contract, standard or technical requirement in isolation. They need to be considered in the context of how the industry operates, how work is delivered, what the regulatory framework requires and what is reasonable in practice.

NextGen Experts brings that broader perspective to every engagement.

What We Bring

Industry Experience: Practical experience across pool and spa construction, servicing, maintenance, products, suppliers, contractors, consumers and industry organisations.

Technical & Regulatory Knowledge: A detailed understanding of standards, compliance requirements, regulation and industry practice, together with experience interpreting how those requirements apply in real-world situations.

Executive & Commercial Experience: Senior executive experience across industry operations, governance, membership organisations, commercial strategy, training, stakeholder engagement and organisational development.

Standards & Industry Representation: Longstanding participation in Australian and Australian/New Zealand Standards

development, including committee leadership, technical contribution and industry representation across a broad range of pool, spa and related standards.

Expert Reports & Dispute Support: Independent technical assessment, expert reports, review of competing technical opinions and dispute support for lawyers, insurers, builders, suppliers and consumers where swimming pool and spa issues need to be properly investigated, understood and clearly explained.

About Spiros Dassakis

NextGen Experts is led by Spiros Dassakis, who has worked across the swimming pool and spa industry for more than 20 years.

His experience includes senior executive roles with the Swimming Pool & Spa Association, extensive involvement in Australian Standards development, industry representation, regulatory engagement, education and training, business advisory work and dispute-related matters.

Spiros has contributed to more than 30 Australian and Australian/New Zealand Standards and has participated in standards development since 2008. His contribution to Standards Australia was recognised for 20 years of service and participation.

He also established IRLearning, a registered training organisation developed to support industry education, skills development and nationally recognised training.

Through his executive and industry roles, Spiros has worked with builders, contractors, suppliers, manufacturers, regulators, government agencies, industry associations, lawyers, insurers and consumers.

That experience now underpins the work of NextGen Experts.

Practical Experience Beyond the Textbook

NextGen Experts is not limited to providing a technical interpretation of an issue.

Our role is often to bring together the contract, technical requirements, standards, regulation, industry practice, available evidence and practical circumstances to help clients understand the issue and determine an appropriate way forward.

Whether the matter involves construction, compliance, a product, a dispute, industry policy, standards development, training or business operations, the focus remains the same:

Understand the issue. Establish the position. Provide practical direction.

https://www.nextgenexperts.com.au
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