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

2. 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?

3. 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

4. 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

5. 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

6. 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?

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