Australian Capital Territory

Public Pools (Pool Fees) Guidelines 2016 (No 1)
Notifiable Instrument NI2016-252
made under the
Public Pools Act 2015, subsection 17(3) (Pool fees and guidelines-category 1 facilities) 

1	Name of approval
This instrument is the Public Pools (Pool Fees) Guidelines 2016 (No 1).

2	Commencement
This instrument commences on 1 July 2016. 

3	Determination
The pool fee guidelines for category 1 facilities are as provided in the Schedule to this instrument.

4	Revocation
This instrument revokes the Public Pools (Pool Fees) Guidelines 2015 (No 1) – NI2015-337, dated 21 June 2015 and notified on the Legislation Register on 
23 June 2015.

Yvette Berry MLA
Minister for Sport and Recreation

23 May 2016

POOL FEE GUIDELINES

	
Pool FEE Guidelines

TABLE OF CONTENTS
1.	PURPOSE	3

1.1	Guiding Principles	3
1.2	Scope	4

2.	OBJECTIVE	4

3.	BACKGROUND	5

4.	DEFINITIONS	6

5. 	REPORTING REQUIREMENTS	7

	5.1	Annual Review	7
	5.2	Proposed Fees and Charges Schedule	7

6.	REVIEW OF FEES AND CHARGES	7

	6.1	Comparative Analysis	7
	6.2	Stakeholder Review	7

7.	SETTING OF FEES AND CHARGES	8

8.	DETAILS		8

8.1	Pool Entry	8
8.2	Pool Programs	8
8.3	Lane Hire		9
8.4	Pool Hire		9
8.5	Crèche		10

9.	ROLES AND RESPONSIBILITIES	10

	9.1	Sport and Recreation Services	10
	9.2	Operators	10
	9.3	Minister for Sport and Recreation	10

10.	CURRENT CORE FEES AND CHARGES	10

ATTACHMENT A		11

	
Pool FEE Guidelines

1.	PURPOSE
The Pool Fee Guidelines (the Guidelines) are issued under section 17 of the Public Pools Act 2015 (the Act) for Category 1 facilities and apply to those facilities where a fee determination has not been made under section 54 of the Act. For the purposes of the Act, a Category 1 facility under section 7 is a facility that is owned by the Territory and open to or used by the public (whether or not on payment of money).
These Guidelines apply to the following Category 1 facilities:
a.	the pool facility known as the Manuka Swimming Pool (MSP) situated in the division of Griffith, Canberra City district;
b.	the pool facility known as the Canberra Olympic Pool (COP) situated in the division of Parkes, Canberra City district;
c.	the pool facility known as the Dickson Swimming Pool (DSP) situated in the division of Dickson, Canberra City district;
d.	the pool facility located in the complex of buildings known as the Lakeside Leisure Centre (LLC) situated in the division of Greenway, Canberra City district;  and
e.	the pool facility located in the complex of buildings known as the Gungahlin Leisure Centre (GLC) situated in the division of Gungahlin, Canberra City district.
The purpose of the Guidelines is to provide a framework to inform the annual setting of the maximum fees and charges for Category 1 facilities. The Guidelines are designed to increase choices and provide improved value to all Category 1 facilities by ensuring fees and charges are structured in a way that maximises participation, including minimising barriers to participation, consistent with the Active 2020 strategy (Specifically, Strategic Framework Objective 1 - Maximising community engagement (participation) in sport and active recreation to create a more active community with access to quality facilities and sport and recreation programs), whilst also recognising the costs involved in constructing, operating and maintaining pool facilities.
The Guidelines give consideration to external market providers, the financial sustainability of ACT Government pool facilities and the provision of services to the community.
Key elements of maximising value are to provide quality service and increased options, to support those least likely to participate. These elements are described further in the following guiding principles:
1.1 	Guiding Principles
Principle 1 - Reducing Cost and Increasing Value as Reward for Increasing Commitment
A range of low commitment options will be provided for customers who may not be certain about the type of activity they wish to incorporate into their lifestyle, or other uncertainties related to financial security, home and work address changes and other things that may change their lifestyle. Low commitment options include single (casual) visits, multi-passes and low commitment (minimal upfront cost, flexible condition) memberships. Formulas for membership products will ensure that longer terms of commitment have a diminishing cost and increasing added value.
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Pool FEE Guidelines

Principle 2 - Equity and Social Justice
The Guidelines aim to minimise barriers to participation. This has a direct benefit of supporting people who are least likely or able to participate and an overall community benefit of making it easier for everyone to participate.
Principle 3 - Maintain Service
To balance the needs of the community while recognising the costs associated in constructing, operating and maintaining safe, healthy and quality pool facilities.
Principle 4 – Support Community Centre-Based Pool Groups
Incorporated community not for profit pool groups which have lane hire agreements with Category 1 facilities will receive discounted entry and lane hire in recognition of the social, health and physical activity benefits that they provide to the community.
1.2	Scope
These Guidelines apply to the maximum fees and charges to be applied to core services that are common to Category 1 facilities, and also to site-specific services, such as dive pool hire at the COP.

These Guidelines do not apply to non-core services (i.e. gym only memberships).
2.	OBJECTIVE
The objectives of the Guidelines are to: 

•	provide a rationale for the consistent application of fees and charges across Category 1 facilities and services;

•	provide guidelines to ensure pool fees and charges are set at appropriate levels, provide relative value and support the sustainability of the service;

•	ensure consistent terminology and definition of all  pool services offered at Category 1 facilities;

•	enable operators to trial new products and services to suit market and community need;

•	enable operators and ACT Government to budget more accurately over a longer timeframe;

•	ensure users are given appropriate advance notice of fee increases; and

•	ensure an incremental approach to fee increases with consideration of, and relative to, increasing costs of providing the service, fees and charges for comparable leisure facilities/services provided by others and government policy.
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Pool FEE Guidelines

3.	BACKGROUND
An independent review of ACT Government pool facility fees and charges by PriceWaterhouseCoopers (PWC) in 2013 investigated current fees and charges of pool facilities, benchmarked against the current fees and charges of other comparable Council/State/Territory owned pool facilities and reviewed the process for setting the fees and charges for other public services in the ACT.
Overall, the review identified that the fees and charges at ACT Government pool facilities appeared appropriate and in line with existing market fees and charges. However, in the absence of overarching guidelines for fees and charges, a number of inconsistencies in the fee schedule across each of the ACT Government pool facilities were identified. The PWC report made the following recommendations to improve the rigour associated with the process for setting fees and charges:
•	The development and implementation of Pool Facility Fees and Charges Guidelines.

•	The development of a defined and transparent methodology in setting all fees and charges for ACT Government pool facilities.

•	The application of a standard maximum fees and charges structure across all ACT Government pool facilities.

•	Capacity for private pool operators, engaged by the ACT Government under a management contract, to set ‘non-core’ fees and charges where an active market is present.

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Pool FEE Guidelines

4.	DEFINITIONS
The following definitions apply to these guidelines for all Category 1 facilities listed in Section 1:
Standard		a person aged 16 years and over.
Child			a person aged 3 - 15 years.
Concession 	holders of Health Care Cards, Veterans Cards and Full Time Student Cards. 
Senior	a person aged 60 years and over with valid ACT Seniors Card.
Pensioner	applies to a person holding a Pensioner Concession Card.
Toddler		a person under 3 years (applies to swimming only)
Family 		a maximum of four people, one of which must be an adult (to a maximum of 2 adults).
Centre Based		applies to members of centre based community not for profit 
Community Club		swimming, triathlon, diving and water polo clubs, which have a lane
Members		hire agreement in place with the Category 1 facility.
Disability 		applies to holders of Disability Support Pension (DSP) Cards, Totally and Permanently Incapacitated (TPI) Cards or any person with a disability who is able to establish disability status (i.e. through a disability pension card, or a special school card which identifies the individual as having a disability). 
Companion 		a paid or unpaid assistant or carer, who accompanies a person with a disability who is a Companion Card holder.
Spectator 		a person who is accompanying / watching a school carnival or event at the facility, but is not using the pool facilities. The spectator category does not apply for casual entry / recreational swimming.
Crèche	Temporary care provided within the facility to a child of a parent/guardian who is a member of the facility and is using the pool/health club services.

Non-member Crèche 	Care provided within the facility to a child of a parent/guardian who is not a member of the facility, but is using the pool/health club services.

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Pool FEE Guidelines

5.	reporting requirements
5.1	Annual Review
The operators of each Category 1 facility are obligated to undertake an annual fees and charges review which will consider adjustments based on the Wage Price Index (WPI) – Australia original indexes as at September of each year. Any proposed adjustments above WPI will involve the development of a business case. The fees and charges review will be required to adhere to the Guidelines.
5.2	Proposed Fees and Charges Schedule
In November (and 31 August for DSP) each year the  operators are to submit to the ACT Government a fees and charges schedule arising from the fees and charges review that demonstrates the change from existing fees to the proposed fees and includes a business case where applicable. The MSP operator is required to obtain ACT Government approval of all fees and charges. 
The ACT Government sets the maximum amount that may be applied to all core fees for the DSP, GLC, COP and LLC and the operator sets all non-core fees. The ACT Government will consider the proposed fees and charges schedules and business cases before advising each of the operators of the fees and charges to apply from 1 July of the following financial year (and 1 October for the seasonal Category 1 facilities).
Any new fees and charges which are related to the aquatic facilities (i.e. pools and water play parks) must be put to the Territory for determination whether it is a core or non-core fee, prior to it being implemented.

6.	review of fees and charges
6.1	Comparative Analysis	
On receipt of the proposed fees and charges schedules from the Category 1 facility operators, the ACT Government will complete a comparative analysis of the fees and charges with other local and like pool facilities around Australia. The comparative analysis must consider a minimum of five pool facilities, which are not Category 1 facilities.
6.2	Stakeholder Review
On completion of the comparative analysis, the ACT Government will consult with key stakeholders in relation to any proposed fee increases which are above WPI. The key stakeholders to be consulted include, but are not limited to:
•	Category 1 facility operators
•	Community swim clubs
•	Swimming ACT
•	ACT Water Polo
•	Triathlon ACT
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Pool FEE Guidelines

7.	Setting of fees and charges
Fees will be set on an annual basis and the commencement of new fee schedules is to occur on or after 1 July each year. This is subject to the Sport and Recreation Minister’s approval and a four (4) week notice period for any changes to fees and charges.
The fees and charges endorsed by the Minister for Sport and Recreation set out the maximum fees and charges to be applied for the respective service. Lower fees and charges may be offered with the approval of the ACT Government. However, the ACT Government will not share responsibility for any impact on the contract as a result of waiving or discounting fees. 
The ACT Government and operators will publicise new fees and charges schedules at least four (4) weeks prior to the date of implementation. This includes direct communication to customers on databases (members and learn to swim customers), display in prominent positions in the facility and promotion via websites and social media as appropriate.
Category 1 facility operators will discuss irregular requests for hire of facilities or activities (i.e. outside normal hours of operation, entire facility bookings, corporate events, etc) with the ACT Government prior to accepting the request or quoting fees and charges.
The Guidelines will be subject to periodic review as may be required.
8.	DETAILS
A number of services available at Category 1 facilities are considered core services, where uniform fees apply across all centres. These core services are as follows:
8.1.	Pool Entry
Service	Casual	Multi- Visit, 3mth and 12mth Membership Pass	Membership 	Description	
Swim	Yes	Yes	Standard, Swim Club, Senior/ Child/Conc & Pensioner	Recreational and lap swimming	

8.2	Pool Programs
Program	Casual	Multi Visit	Membership	Description	

Aqua Aerobics	Yes	Yes	No	Includes all water based fitness classes as timetabled	

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Pool FEE Guidelines

8.3 	Lane Hire
Groups	Discounted lane hire	Entry fee	Description	

Community, not for profit groups	Yes	Centre-based Community Club Member	Centre based swim, triathlon, diving and water polo clubs.	
Commercial for profit groups	No	Standard, Child/ Senior/Conc. and Pensioner	Personal trainers/coaches (excluding learn to swim), National League Teams, etc.	

8.4	Pool Hire
Groups	Discounted pool hire	Entry fee	Description	

Centre Based Community, not for profit groups	Yes	Centre-based Community Club Member	Centre based swimming meets, triathlon, diving and water polo games/training.	
Commercial groups	No	Standard, Child/ Senior/Conc & Pensioner	Water polo competitions, School swimming carnivals, etc.	

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Pool FEE Guidelines

8.5	Crèche
Service	Casual	Multi- Visit 	Membership	Description	
Member Childcare	Yes	Yes	No	For parents/ guardians who are participating in pool and leisure services and are members of the facility.	
Non-Member Childcare	Yes	Yes	No	For parents and guardians who are participating in pool and leisure services, but are not members of the facility.	

9.	ROLES AND RESPONSIBILITIES
9.1	Sport and Recreation Services (SRS) 
SRS is responsible for the review of fees and charges proposals submitted by the Category 1 facility operators annually, the comparative analysis of fees and charges and the preparation of recommendations for the proposed fees and charges annually.
9.2	Operators
The operators are responsible for completing an annual review of fees and charges and submitting an annual fees and charges proposal to SRS. Once the core fees and charges have been approved, the operators are required to advertise the new fees and charges at least four (4) weeks before they are implemented. Operators are also responsible for setting non-core fees and charges.
9.3	Minister for Sport and Recreation
	The Minister for Sport and Recreation is responsible for approving the maximum core fees and charges that will apply to Category 1 facilities if a fee determination has not been made under section 54 of the Act for that pool facility.

10.	CURRENT CORE FEES AND CHARGES
The current core fees and charges for Category 1 facilities are provided at Attachment A to these Guidelines.

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ATTACHMENT A
Product/Service	Fee Conditions	2016-17 Fees and Charges	
Pool Casual Entry	 	 	
Standard	16 years and over.	$6.00	
Concession/Child/Senior
(Note: Dickson and Manuka Pool will remain unchanged at $4.50)	Persons aged 3-15 years, holders of Health Care Cards, Veterans Cards, Full Time Student Cards and/or Seniors Card.	$4.40	
Community Centre-based Club Members and Pensioners
(Note: Dickson and Manuka Pool will remain unchanged at $4.50)	Members of centre based community not for profit swimming, triathlon, diving and water polo clubs.	$4.40	
Family 
(Note: Dickson ($19) and Manuka ($20) Pools will remain unchanged.)	2 standard, 2 children or 1 standard, 3 children.	$17.00	
Spectator (non swimming)	A person who is accompanying / watching a school carnival or event at the facility, but is not using the aquatic facilities. The spectator category does not apply for casual entry / recreational swimming.	$2.25	
DSP Card Holders	Must have valid DSP or TPI card.	Free	
Children under 3 years	N/A	Free	
Pool Memberships	 	 	
10 Visit Pass - Standard (Manuka Only)	3 Mth expiry, pass transferable to equal or lesser value.	$52.60	
10 Visit Pass - Concession (Manuka Only)	3 Mth expiry, pass transferable to equal or lesser value.	$42.10	
20 Visit pass - Standard	4 Mth expiry, pass transferable to equal or lesser value.	$98.80	
20 Visit pass – Concession/Child/Senior
(Note: Dickson Pool will remain unchanged at $69.00)	4 Mth expiry, pass transferable to equal or lesser value.	$62.30	
20 Visit pass - Community Centre-based Club and Pensioners
(Note: Dickson Pool will remain unchanged at $69.00)	4 Mth expiry, pass not transferable.	$62.30	
3 Mth Pool Membership - Standard	 	$187.00	
3 Mth Pool Membership - Concession	 	$119.80	
3 Mth Pool Membership - Community Centre-based Club members	 	$119.80	
12 Mth Pool Membership - Standard	 	$697.60	
12 Mth Pool Membership - Concession	 	$390.80	
12 Mth Pool Membership - Community Centre-based Clubs	 	$390.80	
Direct Debit Membership - Standard (fortnightly)	12 Mth minimum membership term. No transaction fee.	$26.40	

Product/Service	Fee Conditions	2016-17 Fees and Charges	
Direct Debit Membership - Concession (fortnightly)	12 Mth minimum membership term. No transaction fee.	$15.40	
Direct Debit Membership - Community Centre-based Clubs (fortnightly)	12 Mth minimum membership term. No transaction fee.	$15.40	
Aqua Aerobics		 	
Standard		$11.00	
Concession		$11.00	
Pensioner		$6.30	
10 Visit Pass - Standard		$107.20	
10 Visit Pass - Concession		$107.20	
10 Visit Pass - Pensioner		$54.80	
Full Facility Memberships		 	
3 Mth Membership - Standard		$262.70	
3 Mth Membership - Concession		$244.80	
12 Mth Membership - Standard		$874.20	
12 Mth Membership - Concession		$819.50	
Direct Debit Membership - Standard	12 Mth minimum membership term. No transaction fee.	$37.20	
Direct Debit Membership - Concession	12 Mth minimum membership term. No transaction fee.	$31.70	
Hourly Lane Hire - Incorporated Not for Profit Organisations		 	
Lane hire 25m and 50m per lane		$6.40	
25m - Entire Pool		$81.40	
50m - Entire Pool		$162.90	
Half Dive Pool (Canberra Olympic Pool only)		$36.20	
Dive Pool (Canberra Olympic Pool only)		$72.40	
Crèche		 	
Member - 2 Hours (per child)	Parent/guardian must be on site, fee is for 2hrs.	$4.30	
Non-Member - 2 Hours (per child)	Parent/guardian must be on site, fee is for 2hrs.	$8.60