Sunset Review of the Public Health and Wellbeing Regulations 2009 Aquatic Facilities

Purpose of a “sunset” review What are the public health risks the regulations seek to address? Have those risks changed since the regulations were made in 2009? Are regulations still required to address those risks? (comparison with the “base case” of “no regulation”) How can regulation be designed to best address current public health risks? (risk-based regulation) How can regulatory costs/burden be minimised?

Overview of anticipated timeframes for regulatory review process 2017 2018 2019 Policy analysis Define policy problems Establish ‘base case’ Assess options and costs Consultation: Oct 2017 – March 2018 Regulatory impact statement Regulations drafted RIS published Feb 2019 Regulations made Commence December 2019

Current regulation of Aquatic Facilities Public Health and Wellbeing Act provides the power to regulate businesses or public premises where infectious diseases may be spread [s238(2)] Part 6 of PHW Regulations regulate “Aquatic Facilities” Aquatic Facilities “include spa pools and swimming pools” - “to which members of the public have access” “Responsible person” must ensure testing and maintenance in prescribed manner - mostly when facility is “open for use” “Responsible person” means the person who owns, manages or controls an aquatic facility

Current testing & maintenance Requirements 38. water clarity when “open for use” 39. treatment with chlorine or bromine-based disinfectant 40. microbiological quality & disinfection requirements 41. chemical testing requirements – 4 hourly, weekly & monthly 42. filtering to remove visible extraneous matter 43. temperature not above 40 degrees Celcius 44. cyanuric acid level not above 100 mg/L 45 total alkalinity level above 60mg/L 46 combined chlorine levels 47 Legionellosis infection – notification & directions from Secretary 48 record keeping requirements- reg 41 info + corrective activities for 12 months

Issues identified to date Is cryptosporidium risk adequately addressed by the regulations? Are roles and responsibilities sufficiently clear “responsible person” local councils as owners, operators and regulators Council EHO/authorised officer powers Chief Health Officer powers Facility definitions Meaning of “to which the public has access” Emergence of “active water spaces” and “splash parks” – what should be required? Emergence of very large aquatic facilities - is more required for these higher risk facilities?

Stakeholders Over 300 council-owned aquatic facilities 800-1000 private or non-profit aquatic facilities Industry associations (Aquatics and Recreation Victoria, Life Saving Victoria, YMCA Victoria) Pool treatment specialists The public (facility users)