Please read these terms carefully before engaging PoolPro Inspectors for pool barrier inspection and certification services.
Last updated: July 2026 · Version 2.0
These terms, together with your completed booking form, the acknowledgements you tick and your signature, form the whole agreement between you and PoolPro Inspectors Pty Ltd.
This agreement is made between PoolPro Inspectors Pty Ltd (ABN 16 690 747 258) (“PoolPro Inspectors”, “we”, “us”, “our”) and the person or persons named as the Owner in the booking form (“you”, “the Client”, “the Owner”).
Inspections and certification are carried out by Mahdi Babaee, Registered Certifier — Swimming Pool Compliance, registration number BDC05509, in accordance with the Building and Development Certifiers Act 2018 (NSW) and the Building and Development Certifiers Regulation 2020 (NSW).
These Terms & Conditions, together with the completed booking form, the acknowledgements you tick, any special requirements recorded, and your signature, together form the whole agreement between us in relation to the inspection (the “Agreement”). No other representation, statement or understanding forms part of this Agreement unless recorded in writing and signed by both parties.
In this Agreement, unless the context requires otherwise:
Barrier means the fence, wall, gate, door, window, or other structure that restricts access to the Pool Area, together with all associated latches, hinges, self-closing devices and non-climbable zones.
Pool or Spa means a swimming pool or spa pool as defined in the Swimming Pools Act 1992 (NSW).
Pool Area means the area enclosed, or required to be enclosed, by the Barrier.
Registered Certifier or Inspector means the individual registered under the Building and Development Certifiers Act 2018 (NSW) who carries out the inspection on our behalf.
Report means the written inspection report we issue following an inspection, including any Certificate of Compliance or Certificate of Non-Compliance.
Certificate of Compliance means a certificate issued under section 22D of the Swimming Pools Act 1992 (NSW).
Certificate of Non-Compliance means a certificate issued under section 22E of the Swimming Pools Act 1992 (NSW).
Fee means the inspection fee set out in clause 15, or such other fee as is agreed in writing and recorded on the front of this Agreement.
Standards means AS 1926.1-2012 (Safety barriers for swimming pools), AS 1926.2-2012 (Location of safety barriers for swimming pools) and AS 1288 (Glass in buildings), each as applicable to the Pool or Spa.
This Agreement takes effect on the date you sign it and continues until the Report is issued and all fees payable under it have been paid, or until it is otherwise terminated in accordance with its terms.
No variation of this Agreement is effective unless it is recorded in writing. Any special requirements or agreed variations recorded on the front of this Agreement at the time of signing form part of it.
By entering into this Agreement you confirm that you are at least 18 years of age, that you have the legal capacity to enter into a binding contract, and that you are the owner of the property or are otherwise lawfully authorised to engage a Registered Certifier in respect of it.
You confirm that you have freely chosen to engage PoolPro Inspectors and that you were not directed or required to do so by any third party.
This Agreement may be signed on your behalf by a solicitor, conveyancer, real estate agent, strata manager or other authorised representative. Where it is, that representative warrants that they hold your written authority to do so and that they have brought these Terms & Conditions to your attention and explained their effect.
You remain bound by this Agreement as if you had signed it personally, and you remain liable for the Fee.
Unless you tell us otherwise in writing, all correspondence relating to the inspection will be directed to the nominated applicant or representative.
We will attend the property at an agreed time and carry out a visual inspection of the Barrier to the Pool or Spa identified in the booking form, assess it against the Standards and the Swimming Pools Act 1992 (NSW) and Swimming Pools Regulation 2018 (NSW), and issue a Report.
Where the Barrier is compliant, we will issue a Certificate of Compliance and lodge it on the NSW Swimming Pool Register. A Certificate of Compliance is valid for three (3) years from the date of issue, unless it is revoked or the Barrier is altered.
Where the Barrier is not compliant, we will issue a written list of the items requiring rectification. You may then rectify those items and book a reinspection. A Certificate of Compliance cannot be issued unless the Barrier has been physically reinspected — photographs, video or written assurances cannot be accepted in place of a physical reinspection.
Where the Barrier remains non-compliant, we are obliged to issue a Certificate of Non-Compliance and to notify the relevant local council in accordance with clause 10.
The Report is intended to identify visible and apparent defects in Pool and Spa barriers at the time of inspection. It is not an exhaustive assessment of pool construction, building structure, or general property condition. The nature and significance of any reported defect will be considered relative to the age, type and condition of the Barrier inspected.
The Report is not a building, structural, pest, electrical or construction assessment. If you require advice of a structural or construction nature, you should engage a suitably qualified builder or structural engineer.
Any decision not to act on the findings or recommendations of the Report is made at your own risk.
All inspections are conducted on site and are limited to areas of the property that are fully accessible and clearly visible to the Inspector at the time of the visit. The inspection does not involve dismantling, removing or relocating any object — including but not limited to vegetation, furniture, building elements, fixtures, appliances or personal belongings.
The Inspector is unable to assess areas that are concealed, obstructed or otherwise inaccessible. No invasive procedures — such as digging, gouging or forcing — are performed during any inspection.
You acknowledge that the Inspector cannot be held liable for any failure to identify a defect that was concealed by the property owner or occupier, and you agree to indemnify the Inspector in respect of any such concealed defect.
If you do not follow the recommendations contained in the Report in accordance with the applicable Standards and legislative requirements, you acknowledge and accept that you may suffer financial loss or penalty. You agree to indemnify PoolPro Inspectors against all losses incurred as a result of your failure to act on our recommendations.
You further indemnify PoolPro Inspectors in respect of any liability — including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses — which may arise directly or indirectly from the unauthorised distribution of the Report to any third party without our prior written consent.
Where a Pool or Spa Barrier is found to be non-compliant, you will be given a written list of the items requiring rectification and a period of six (6) weeks in which to rectify them and arrange a reinspection.
If, at the end of that six (6) week period, a Certificate of Compliance has not been issued, we are required to issue a Certificate of Non-Compliance and to give a copy to the relevant local council within five (5) days of issuing it, in accordance with section 22E of the Swimming Pools Act 1992 (NSW).
If at any time the Barrier presents a significant and immediate risk to public safety, we will notify the local council without delay and are not required to wait for the six (6) week period to expire.
The local council may then take enforcement action, impose penalties, or pursue other regulatory measures as it sees fit. We have no discretion to withhold this notification.
You must ensure safe, lawful and unobstructed access to the Pool Area, the Barrier and its surrounds at the scheduled time. This includes providing access to both sides of the Barrier, to gates and latches, and to any adjoining boundary structure forming part of the Barrier.
PoolPro Inspectors maintains communication throughout the engagement to arrange suitable access. If the property owner or an authorised person is not present at the scheduled time, or access is otherwise unavailable, incomplete or unsafe, the Inspector reserves the right to terminate the attendance. The full inspection Fee remains payable in this circumstance and a further fee is payable for any subsequent attendance.
You must provide accurate details of the property, including the Lot and Deposited Plan numbers and the Swimming Pool Register certificate number, and must ensure the Pool or Spa is registered on the NSW Swimming Pool Register before the inspection.
Establishing the precise date of construction of a swimming pool, spa or barrier, and obtaining documentary evidence of a standard sufficient to satisfy the evidentiary requirements of the Swimming Pools Act 1992 (NSW) and the Swimming Pools Regulation 2018 (NSW), has consistently proven impracticable. Accordingly, and in order to apply a consistent and defensible standard of assessment, all inspections carried out by PoolPro Inspectors are assessed against AS 1926.1-2012 and AS 1926.2-2012, irrespective of the age of the Pool, Spa or Barrier.
We accept no liability for any consequence arising from information you provide that is incomplete, inaccurate or misleading.
You are responsible for ensuring that the inspection area is safe and free from hazards at the time of the inspection. This includes — but is not limited to — securing pets, removing trip or slip hazards, covering exposed electrical wiring, and clearing sharp objects from the vicinity of the Barrier. Any known hazard must be disclosed to us before the inspection.
Should the Inspector sustain injury as a result of hazards present at the property during the inspection, the property owner accepts full liability for compensation arising from that injury.
All rescheduled inspections and reinspections are subject to the Inspector’s availability. We will make reasonable efforts to accommodate your preferred time but cannot guarantee a specific date.
The standard fee for a pool barrier inspection is $250.00 plus GST ($275.00 including GST) per property, unless a different amount is agreed in writing and recorded on the front of this Agreement. All amounts are in Australian dollars.
The Fee is payable in full at the time of booking. We are not obliged to attend the property or to issue any Report or certificate until the Fee has been received in cleared funds. A tax invoice will be issued to the email address you provide.
A separate reinspection fee is payable for each reinspection following a non-compliant result. The current reinspection fee will be advised to you at the time the reinspection is booked.
Additional fees are payable where the property contains more than one Pool or Spa (see clause 23), where a further attendance is required because access was not available (see clause 11), or where you request services outside the scope described in clause 6.
We reserve the right to recover from you all reasonable costs of recovering any overdue amount, including debt-recovery and legal costs.
You may cancel or reschedule a booked inspection at no charge by giving us notice at least twenty-four (24) hours before the scheduled appointment time. Where you cancel or reschedule with less than 24 hours’ notice, or where the Inspector attends and cannot carry out the inspection for a reason within your control, the full Fee is forfeited and is not refundable.
Where you cancel more than 24 hours before the appointment and no inspection has been carried out, the Fee will be refunded in full to the original payment method within ten (10) business days.
Where we cancel or are unable to attend for a reason within our control, you may choose either a full refund or a rescheduled appointment at no additional cost.
Once an inspection has been carried out, the Fee is not refundable, regardless of the outcome of the inspection. A non-compliant result is a valid outcome of the service and does not entitle you to a refund.
Nothing in this clause limits any right you may have to a remedy under the Australian Consumer Law.
The Inspector may discontinue or decline to commence an inspection at any time where, acting reasonably, the Inspector considers that the site is unsafe, that access is inadequate, that they are being obstructed, threatened or abused, that they may have a conflict of interest, or that continuing would place them in breach of their professional obligations.
Where an inspection is discontinued for one of these reasons and the discontinuation is not the result of your act or omission, we will refund the Fee in full. Where the discontinuation results from your act or omission, clause 11 applies and the Fee remains payable.
Glass panels used in older pool fencing or imported barrier products may not comply with current glass safety standards (AS 1288). Assessment of glass compliance falls outside the scope of a pool barrier inspection. In the interest of safety, we recommend that a qualified glazier assess all glass panels and gates for compliance with the applicable standard. Any non-compliant glass should be replaced promptly.
No inspection for asbestos-containing materials is carried out as part of our service, and no assessment of the presence or absence of asbestos is included in the Report. If you have concerns about asbestos at your property, you should engage a licensed asbestos assessor.
Under pool safety legislation, inspectors are required to conduct strength and rigidity testing on Pool Barriers. This may involve the application of forces up to 330 Nm (approximately 33 kg) on posts and footings, and up to 250 Nm (approximately 25 kg) on barrier sections between posts. Any damage to barriers resulting from this mandatory testing is the responsibility of the property owner.
PoolPro Inspectors does not accept liability for any failure of the Report to identify defects in areas or sections of the property that were physically inaccessible at the time of inspection, or to which access was denied or restricted — whether by the property owner or any other party.
To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount of the Fee paid by you.
To the fullest extent permitted by law, we are not liable for any indirect, consequential, special or economic loss, or for any loss of profit, revenue, opportunity or goodwill.
Nothing in this Agreement excludes, restricts or modifies any guarantee, right, warranty or remedy conferred on you by the Australian Consumer Law or any other law which cannot lawfully be excluded, restricted or modified. Where our liability may be limited under section 64A of the Australian Consumer Law, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
PoolPro Inspectors accepts no liability for any loss, damage, cost or expense suffered by any person other than the commissioning Client in connection with the use of the Report. This applies regardless of the purpose for which the Report is used — including but not limited to the sale, purchase, lease, or securing of finance against the property — to the fullest extent permitted by law.
The Report is prepared solely for you and must not be reproduced or provided to any third party without our prior written consent, other than to the relevant local council or the NSW Swimming Pool Register.
Where an additional Pool or Spa is located on the same property, the Inspector is obliged to assess its compliance as part of the engagement, in accordance with the responsibilities of a Registered Certifier under the relevant legislation. This applies whether or not the additional Pool or Spa was disclosed at the time of booking.
An additional fee is payable for each additional Pool or Spa assessed, and will be advised to you before the assessment proceeds.
We collect personal information from you — including your name, property address, contact details, signature and payment details — for the purpose of carrying out the inspection, issuing the Report, meeting our statutory obligations and administering your account.
We may disclose this information to the relevant local council, the NSW Swimming Pool Register, NSW Fair Trading, our payment processor and our professional advisers, where disclosure is necessary for those purposes or is required by law. We do not sell your personal information.
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We retain records of inspections and this Agreement for the period required by law. You may request access to, or correction of, the personal information we hold about you by contacting us at Admin@poolproinspectors.com.au.
You agree that this Agreement may be signed electronically. An electronic signature — including a signature drawn or typed on a screen, or a click-to-accept acknowledgement — has the same legal force and effect as a handwritten signature, and satisfies any requirement for a signature under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW).
You agree that a copy of this Agreement generated, stored or transmitted electronically is admissible as evidence of its contents and of your acceptance of it.
You consent to receiving all notices, reports, certificates, invoices and other documents relating to this Agreement by electronic means, at the email address you have provided. It is your responsibility to keep that address current.
You may request a paper copy of this Agreement at any time at no cost by contacting us at Admin@poolproinspectors.com.au.
If you are dissatisfied with the inspection or the Report, you must notify us in writing, setting out the details of your complaint, within fourteen (14) days of the Report being delivered to you.
You must allow us twenty-one (21) days from the date of your notice, and reasonable access to the property, so that we may investigate the complaint. If access is not granted within that period, we are released from any further obligation in relation to the complaint.
If the complaint is not resolved within twenty-one (21) days of our investigation, either party may refer the matter to mediation. The mediator will be a person agreed between the parties, or failing agreement within seven (7) days, a mediator nominated by the Australian Disputes Centre. The costs of the mediator will be shared equally between the parties, and each party will bear its own costs of attending.
If mediation does not resolve the dispute within a further thirty (30) days, the parties may agree to refer the matter to arbitration, in which case the arbitrator’s determination will be final and binding.
Both parties must continue to perform their obligations under this Agreement while a dispute is being resolved.
Except where urgent interlocutory relief is required, neither party may commence legal proceedings in relation to a dispute until the process in this clause has been exhausted.
Nothing in this clause prevents you from making a complaint to NSW Fair Trading, the relevant local council, or any other regulator, or from exercising any right you have under the Australian Consumer Law.
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and of any court hearing appeals from those courts.
This Agreement is binding on, and enures for the benefit of, the parties and their respective successors, executors, administrators and permitted assigns. You may not assign your rights under this Agreement without our prior written consent.
If any provision of this Agreement is found to be void, invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.
A failure or delay by either party to exercise a right under this Agreement is not a waiver of that right, and a single or partial exercise of a right does not prevent its further exercise.
Clauses relating to limitation of liability, indemnity, privacy, dispute resolution and governing law survive the completion or termination of this Agreement.
By signing this Agreement you declare that:
(a) you have read and understood these Terms & Conditions in full, and have had the opportunity to seek independent advice about them;
(b) you have freely chosen to engage PoolPro Inspectors as your Registered Certifier, and were not directed to do so by any other party;
(c) you understand your responsibilities as the pool owner and those of the Registered Certifier, including the certifier’s obligation to notify council of a non-compliant barrier;
(d) you are the owner of the property, or hold written authority to act on the owner’s behalf;
(e) all information you have provided is true and complete to the best of your knowledge; and
(f) you are entering into this Agreement voluntarily.
PoolPro Inspectors Pty Ltd · ABN 16 690 747 258
Registered Certifier: Mahdi Babaee · Registration No. BDC05509
Level 1, 1–5 Link Road, Zetland NSW 2017