Nikolaidis v Northern Beaches Council [2017] NSWLEC 1439 concerned a waterfront residential property, which had a pool without the child-proof fencing required under s7 of the Swimming Pool Act 1992.  The applicant argued that they fell within the exception in s10 which provides that for waterfront properties the means of access to the pool must be at all times restricted (although not necessarily by a fence). The applicant had renovated the house 8 years previously, and had intended to install locks on the rear doors and windows such that the means of access to the pool would be restricted. Due to unforeseen circumstances, the installation of those locks was delayed. The Commissioner found that the applicant was not entitled to the exemption in s10 because of the extensive 8 year delay, and ordered compliance with s7.

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