Australian Capital Territory

Public Pools (Standards for Conditions of Exclusion of People) Determination 2015 (No 1)*
Notifiable Instrument NI2015-326
made under the
Public Pools Act 2015, section 15 (Conditions of entry and removal) 

1	Name of approval
This instrument is the Public Pools (Standards for Conditions of Exclusion of People) Determination 2015 (No 1).

2	Commencement
This instrument commences on 1 July 2015. 

3	Determination
I determine that the procedures and grounds for excluding people from a pool facility are as provided in the Schedule to this instrument.

David Dawes
Director-General
Economic Development
	
16 June 2015

1.	A person may be excluded for a period of time from entering a pool facility if the person:
a.	has been given a direction by an authorised person under the Public Pools Act 2015 (the Act) to leave a pool facility; or
b.	refused to leave a pool facility when directed to do so; or
c.	within the last five (5) years committed an offence under the Act while at the pool facility; or
d.	court action for an offence under the Act has not been finalised.

2.	In deciding whether a person should be excluded from entering a pool facility a pool operator must consider:
a.	the severity of the behaviour;
b.	any previous behaviour or conduct while at the facility;
c.	whether or not the behaviour or conduct affected other patrons at the facility; and
d.	the likelihood of the person repeating the behaviour or conduct.

3.	A pool operator is not to exclude a person from a pool facility for any period that exceeds 30 days. 

4.	If a pool operator seeks to exclude a person for longer than the period specified in clause 3, the operator must seek the approval of the Director-General by providing a written request detailing:
a.	the reason why the exclusion period should be for a longer period; and
b.	the time period sought for the exclusion.

5.	A pool operator must not exceed the exclusion period authorised by the Director-General under clause 4.

6.	A pool operator may reduce the exclusion period or revoke the exclusion at any time.

7.	A pool operator must, as far as is reasonably practicable, provide written notice to a person if they are to be excluded. The notice must contain the following information:
a.	the name of the person excluded;
b.	the period of time that the person is excluded;
c.	when the exclusion period is to, or did, commence;
d.	the reason for the exclusion; and
e.	information on the operator’s complaint processes.

8.	A pool operator must keep a record of all exclusions.