Building Act 1993

Building Regulations 2018

TERMS AND CONDITIONS

Trading name: Pool Compliance Victoria

Business Address: 37 Cliff Road, Frankston, 3199

ACN: 639 224 810 ABN: 95 609 595 338

1. NATURE OF CONTRACT
2. OWNERS WARRANTIES AND INDEMNITIES
3. SERVICE OF CERTIFICATES OF COMPLIANCE OR NON-COMPLIANCE
4. INFORMATION
5. PCV REPRESENTATIVES AND KEY PERSONNEL
6. PAYMENT
7. REFUND POLICY
8. THE SERVICES
9. OWNER’S OBLIGATIONS AND LEGAL REQUIREMENTS
10. CERTIFICATE OF NON-COMPLIANCE
11. CERTIFICATE OF COMPLIANCE
12. PHOTOS AND VIDEOS
13. INFORMATION PROVIDED BY PCV
14. EXTERNAL CONTRACTORS
15. ENTIRE AGREEMENT
16. SEVERANCE
17. DEFINITIONS
18. PRIVACY POLICY

1 NATURE OF CONTRACT

1.1 The PCV Representative shall carry out upon request by the owner, and in
accordance with the Building Act 1993, Building Regulations 2018, the Services in
accordance with this Agreement.

1.2 The owner shall pay PCV the fee for the service in accordance with this Agreement.

1.3 The services provided by PCV do not require shipping/delivery or mailing charges.

2 OWNERS WARRANTIES AND INDEMNITIES

2.1 The owner warrants:
2.1(a) the accuracy and completeness of all information given to PCV;
2.1(b) that PCV when carrying out Services acts with the owner’s
authority;

2.2 The Owner shall indemnify PCV against any claims in respect of PCV acting within
authority as the owner’s agent;

2.3 The Owner is responsible for ensuring the barrier is properly maintained.

3 SERVICE OF DOCUMENTS

3.1 A Certificate of Compliance or Certificate of Non-compliance (and any other
document) shall be deemed to have been given and received:

3.1(a) if addressed and delivered to the email address provided to PCV from the
Owner/Occupier or any person acting on behalf of the Owner/Occupier at the
time of engaging PCV and/or any additional email addresses provided to
PCV for communications to the Owner or a person acting on behalf of the
Owner; and
3.1(b) on the earliest day of:
3.1(b)(i) actual receipt; or
3.1(b)(ii) two (2) days after PCV sends the email.

4 REQUIRED INFORMATION

4.1 The Owner or a person acting on behalf of the Owner shall:

4.1(a) promptly answer any reasonable enquiries made by the PCV in
connection with the Services;

4.1(b) direct others to liaise, co-operate and confer with PCV when necessary; and
provide PCV with all relevant information upon request.

4.1(c) ensure all information provided to us by you or any person on your behalf is
accurate and not fraudulent. Fraudulent information may require us to submit
personal information to any government agency as necessary and as
required by law.

5 PCV REPRESENTATIVES AND KEY PERSONNEL

5.1 The Services carried out by PCV will be carried out by a suitably competent,
qualified and/or VBA Registered Representative, as required by the Building Act
1993.

5.2 A PCV Representative may be one or more of any of the following:
5.2(a) PCV Director,
5.2(b) PCV Staff Member,
5.2(c) PCV Trainee,
5.2(d) A contractor or sub-contractor appointed by PCV.

6 PAYMENTS AND FEES

6.1 Payment/s may be made to PCV through the following means:

6.1(a) Via Eway through the poolcv.com.au website at the time of booking. Card
details are transmitted through a secure server using Eway. Card data is not
hosted by PCV after processing.
6.1(b) Via EFT transfer (Online Bank Transfer) following an invoice issued by our
office.
6.1(c) Cash or Cheque upon arrival by prior arrangement only and at the discretion
of the PCV executive. This method is for the express purpose of
those persons that are unable to sufficiently use the internet payment system
and may include the elderly.

6.2 All fees and transactions are in Australian Dollars (AUD) and are listed on our
website or by arrangement.

6.3 A booking is not deemed complete and payments must be cleared into our
account a minimum of three days prior to a representative attending site. PCV may
elect to waive this requirement by a prior written arrangement.

6.4 Works will not commence on reports or representation until any required fees are
paid.

6.5 Where additional services are requested, payment must be cleared prior to those
services being carried out. Additional services will be charged at the rates as listed
on the poolcv.com.au website or by prior arrangement for services not listed.

6.6 We endeavor to assist to achieve Compliance on the initial Inspection, it is not
always possible, further inspections may be required.

6.7 Most fees are listed on our website in the fee schedule. For bespoke services that
do not fall within our fee schedule and are for site-specific requirements, a fee
proposal will be submitted to the Owner or the person acting on behalf of the Owner
for acceptance.

6.8 Fees may be subject to change without notice.

6.9 All Eway transactions incur an additional 1.5% transaction surcharge and are
non-refundable.

7 REFUND AND RE-BOOKING POLICY

7.1 Full and partial refunds may be offered for some services due to unforeseen
circumstances at the discretion of PCV. Proof of changed circumstances
may be required by PCV prior to a refund being granted. We recommend
ensuring that the client chooses a suitable date and time frame as we do not offer
refunds for a change of mind.

7.2 If a site visit that is booked by the Owner or a person acting on behalf of the Owner
is required to be postponed, a re-booking fee will be applicable as follows:

7.2(a) Where the postponement request is made between three (3) and two (2)
days prior to the site visit, 25% of the total fee.
7.2(b) Where the postponement request is made the day prior to the site visit , 50%
of that fee.
7.2(c) Where the postponement request is made on the same day as the site visit
$165AUD for metropolitan areas and $220AUD for regional areas.
7.2(d) By not re-booking a site visit, any or all fees paid may be deemed forfeit.
7.2(e) Where work on a report has commenced and a report is no longer required
due to a determination by any party, some or all fees may be non-refundable,
dependent on the works undertaken and any other clients’ works being
postponed or cancelled prior to notification of the report not being required.

7.3 If for any reason a PCV representative cannot make it to the Subject Site in the
allotted time frame, and the Owner requires a booking to be made for another day, a
new time frame will be offered by PCV for no additional charge. A refund may not be
offered.

8 THE SERVICES

8.1 Site Visit – A site visit will be a representative/representatives attending a subject
site for design advice, compliance advice, to gather information for a report, a Pool
or Spa Safety Barrier Inspection or a Pool or Spa Safety Barrier Re-Inspection in
accordance with the requirements of the Building Act 1993 and all associated and
subordinate legislation. Though we try to send the same representative for return
visits, it is not always possible; you agree to any representative providing services.

8.2 Council Liaison – PCV may draft site specific documents for submission to Council
and/or engage with Council verbally,

8.3 Reports – Report preparation for submission to regulatory authorities or dispute
resolution. Fees are by arrangement.

8.4 Representation – One or more members of our team may provide representation as
an expert witness or consultant for any engaged party.

9 OWNER’S OBLIGATIONS AND LEGAL REQUIREMENTS

9.1 The Owner is responsible for submitting the Certificate of Compliance to the subject
site’s local Council and paying any Council fees required to submit the document.

9.2 The Owner is responsible for ensuring any works comply with the requirements of
the Building Act 1993 and Non-Compliances nominated on the Owner Notice are
made compliant within the time frame (maximum 60 days) as noted near the bottom
of the Owner Notice. This process may be repeated once more, though a maximum
of 7 days is allowed to re-inspect and certify the barrier. Failure to do so may result
in a Certificate of Non-Compliance being issued to the subject site’s local Council in
accordance with the Building Regulations, 2018. A re-inspection fee applies.

9.3 The Owner must ensure that all areas of the subject site relating to the Site Visit are
safe and readily accessible for the allotted time frame for the Site Visit to occur.
All pets must be tethered and/or isolated from the PCV Representative/s.

9.4 If upon re-inspection, new non-compliance items are found that did not exist at the
time of the initial Site Visit, or remaining outstanding non-compliance items are
found, the Owner will be given a maximum of 7 days to rectify those items, re-book
and have the re-inspection carried out. Failure to do so may result in a Certificate of
Non-Compliance being issued to the subject site’s local Council in accordance with
the Building Regulations, 2018.

9.5 The Owner of the Subject Site will be issued a Certificate of Non-Compliance
immediately if any of the following non-compliances are found during the Site Visit
and are unable to be immediately rectified:

9.5(a) Any part of the pool barrier is completely missing; and/or
9.5(b) Any door or gate forming part of the barrier is unable to be completely
closed; and/or
9.5(c) Any door or gate forming part of the barrier is able to be opened without
releasing a latch or opening mechanism; and/or
9.5(d) Any part of the pool barrier is less than 1 metre in height; and/or
9.5(e) The barrier is not capable of being made compliant within the required time
frames.
9.5(f) The PCV Representative deems that the Owner is unlikely to bring the
barrier into compliance.
9.5(g) The PCV Representative deems that the barrier poses a significant and
immediate risk to life or safety.

9.6 A site visit may be immediately terminated if a perceived risk to our
Representative/s becomes present. Belligerent and aggressive behaviour will result
in a Site Visit being immediately terminated.

9.7 Following the issue of the Certificate of Compliance, it is the responsibility of the
Occupier of the Subject Site to maintain the pool barrier. PCV accepts no
responsibility for the ongoing maintenance of a barrier.

9.8 Where an initial inspection has resulted in Non-Compliances being found, a reinspection will be required. Photos and videos are not acceptable as evidence of
compliance as per the requirements of the Building Act 1993.

9.9 Where works require a Building Permit and the works are unable to be carried out
without a Building Permit, proof of obtaining a Building Permit must be provided to
our office within the time frame as indicated on the Owner Notice. Failure to do so
may result in a Certificate of Non-Compliance being issued.

10 CERTIFICATE OF NON-COMPLIANCE

10.1 In certain circumstances, a Certificate of Non-Compliance is required to be issued to
the Subject Site’s local Council without delay as per the requirements of the Building
Regulations 2018, Part 9A, Division 6. Though we aim to avoid this course of action,
in some cases it is unavoidable as PCV is legally obliged to act. Refer to section 9.5.

10.2 Where a Certificate of Non-Compliance is issued, the Council is required to issue
the Owner a fine and possibly take enforcement action. You may contact the Subject
Site’s Council Building department for more information.

10.3 A Certificate of Non-Compliance is issued to both the relevant Council and the
Owner.

11 CERTIFICATE OF COMPLIANCE

11.1 It is the Owner’s responsibility to lodge the Certificate of Compliance with the
Subject Site’s Council.

11.2 It is the Owner’s responsibility to pay Council the lodgement fee (approx $20).

11.3 The Certificate becomes invalid if not lodged with Council within 30 days of the date
of issue. Failure to lodge within this time frame will result in an additional Site Visit
being required and another Certificate of Compliance being issued and submitted to
Council.

11.4 The Certificate of Compliance is deemed to have been delivered once emailed to
the nominated email address in accordance with Section 3 of this document.

12 PHOTOS AND VIDEOS

12 We take photos of sites and videos of areas of sites for reviewing practices and
procedures. We may use photos of specific areas of Pool Safety Barrier
compliances and/or non-compliances on this website for educational purposes.
These photos will not contain photos of people on site other than Pool Compliance
Victoria representatives without prior written permission. Other photos may be
utilised in our gallery to highlight aesthetically pleasing Pool Safety Barriers and pool
areas.

13 INFORMATION PROVIDED BY PCV

13.1 Any information provided by Pool Compliance Victoria on our website that is
produced by external sources (VBA, Local Councils, fencing contractors, etc.) may
not be exhaustive nor accurate. It is the responsibility of the institution making that
information available to ensure its suitability for public consumption. We always
endeavour to update information on our website as it comes to be known by us,
however we cannot guarantee that information has not been superseded.

13.2 Information generated by PCV is thoroughly checked prior to publishing however, it
may not be exhaustive nor accurate. We always recommend the Owner checks with
the subject site’s Council as to any requirements and interpretations they may have.

14 EXTERNAL CONTRACTORS

14.1 External Contractors are not directly engaged by PCV as PCV is of the belief that
(with exception of minor adjustments or pruning of plants) carrying out works and
certifying those works constitutes a Conflict of Interest.

14.2 External Contractors promoted by PCV are promoted on our website or in person
after PCV receives positive client feedback about the quality of their workmanship.

14.3 PCV receives no remuneration from External Contractors.

14.4 If an Owner engages an External Contractor, the contract for the works and any
financial arrangements are exclusive of any financial arrangements with PCV.

14.5 PCV accepts no responsibility or liability for works carried out by any External
Contractors.

15 ENTIRE AGREEMENT

This document embodies the entire agreement between the parties and any previous or
simultaneous negotiations, representations, arrangements and agreements are superseded by this
Agreement. No amendment or variation may be made to this Agreement other than in writing
executed by each of the parties.

16 SEVERANCE

In the event that any condition or provision of this Agreement is held to be invalid or unenforceable
for any reason whatsoever that condition or provision shall be read down to the extent necessary
to give it, if possible, partial operation, but if that is not possible, the condition or provision may be
severed and the remainder of this Agreement shall remain in full effect.

17 DEFINITIONS

In this Agreement—
Barrier means a child resistant barrier;
Building includes any structure, temporary building, temporary structure and any part of a building
or structure;
Building Appeals Board means the Building Appeals Board under Part 10 of the Building Act
1993;
Building Practitioner has the same meaning as it has in the Building Act 1993;
Council means a municipal council or municipal shire applicable to the subject site, that is within
the meaning of the Local Government Act 1989, ordinarily;
External Contractor means a person or business that is booked or engaged to carry out work on
behalf of the Owner;
Fee means the fee calculated and charged at the time of making a booking;

Legislative requirements includes:

(a) Acts, Ordinances, regulations, by-laws, orders, awards and proclamations of the jurisdiction
where Services are being provided;

(b) Certificates, licences, consents permits, approvals and requirements of organisations having
jurisdiction in connection with the carrying out of the Services; and

(c) Fees and charges payable in connection with the foregoing;
Municipal Building Surveyor means a person for the time being appointed, employed or
nominated by a council as its municipal building surveyor for the purposes of this Act;

Owner means

(a) the person who is registered or entitled to be registered as proprietor, or the persons who are
registered or entitled to be registered as proprietors, of an estate in fee simple in the land; and

(b) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or
controlled by a committee of management, means the Minister administering that Act; and

(c) in relation to any other Crown land, means the Minister or public authority that manages or
controls the land;

(d) in relation to a building, means the owner of the land on which a building is situated;
Owner Notice means a report issued to the Owner stating non-compliances that must be rectified
or other matters that must be complied with, by the date stated on that report;

Occupier means

(a) the person who is the tenant of the registered or entitled to be registered as proprietor, or the
persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in
the land;
PCV means PCV Pty Ltd Trading as Pool Compliance Victoria;
Pool Safety Barrier means a pool fence, boundary fence, wall of a house, windows, doors, gates
and any other structure required to prevent access to a pool by a child under 5 years of age;
Re-inspection – Where a Pool or Spa Safety Barrier Inspection has been carried out and the
barrier has been found to be non-compliant, in accordance with the Building Regulations 2018, any
additional inspection;
Site Visit means a visit by a PCV representative to a subject site;
Subject Site means the site at which PCV is engaged to provide a service;
VBA means the Victorian Building Authority under Part 12 of the Building Act 1993.
VBA Registered Representative means a PCV representative who is registered as a Building
Practitioner by the VBA in the required category and class of Building Practitioner to carry out the
services offered by PCV;
Website means poolcv.com.au and all pages, information and links contained within.

18 PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us,
or otherwise collected by us, offline or online, including through our www.spci.com.au (Site). In this Privacy
Policy we, us or our means Swimming Pool Compliance Inspections (SPCI) ABN: 40 635 425 900.

Personal information

The types of personal information we may collect about you include:
• your name;
• your contact details, including email address, mailing address, street address and/or telephone
number;
• your demographic information, such as postcode;
• information you provide to us through customer surveys;
• details of products and services we have provided to you and/or that you have enquired about, and
our response to you;
• your browser session and geo-location data, device and network information, statistics on page
views and sessions, acquisition sources, search queries and/or browsing behaviour;
• information about your access and use of our Site, including through the use of Internet cookies,
your communications with our Site, the type of browser you are using, the type of operating system
you are using and the domain name of your Internet service provider;
• additional personal information that you provide to us, directly or indirectly, through your use of our
Site, associated applications, associated social media platforms and/or accounts from which you
permit us to collect information; and

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:
• to enable you to access and use our Site, associated applications and associated social media
platforms;
• to contact and communicate with you;
• for internal record keeping and administrative purposes;
• for analytics, market research and business development, including to operate and improve our Site,
associated applications and associated social media platforms;
• for advertising and marketing, including to send you promotional information about our products and
services and information about third parties that we consider may be of interest to you;
• to comply with our legal obligations and resolve any disputes that we may have; and

Disclosure of personal information to third parties

We may disclose personal information to:
• third party service providers for the purpose of enabling them to provide their services, including
(without limitation) IT service providers, data storage, web-hosting and server providers, debt
collectors, maintenance or problem-solving providers, marketing or advertising providers,
professional advisors and payment systems operators;
• our employees, contractors and/or related entities;
• our existing or potential agents or business partners;
• sponsors or promoters of any competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be,
transferred;
• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for
goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in
connection with any actual or prospective legal proceedings, or in order to establish, exercise or
defend our legal rights; and
• third parties to collect and process data, such as Google Analytics or other relevant businesses.

This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your personal information to third
parties who reside outside Australia and acknowledge that we are not required to ensure that those third
parties comply with Australian privacy laws. Where we disclose your personal information to third parties, we
will request that the third party handle your personal information in accordance with this Privacy Policy.

How we treat personal information that is also sensitive information

Sensitive information is a subset of personal information that is given a higher level of protection under the
Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic
origin, political opinions, religion, trade union or other professional associations or memberships,
philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric
information.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you
consent to us collecting, holding, using, and disclosing your personal information in accordance with this
Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect
your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will
protect it as set out in this Privacy Policy. If you are a third party providing personal information about
somebody else, you represent and warrant that you have such a person’s consent to provide the personal
information to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously
agreed to us using your personal information for direct marketing purposes, you may change your mind at
any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee
may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act
1988 (Cth), we may refuse to provide you with the personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete,
irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct
any information found to be inaccurate, incomplete, misleading, or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a
complaint, please contact us using the details below and provide us with full details of the alleged breach.
We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our
investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing
communications), please contact us using the details below or opt-out using the opt-out facilities provided in
the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent
unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial
procedures to safeguard and secure the personal information and protect it from misuse, interference, loss
and unauthorized access, modification, and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The
transmission and exchange of information are carried out at your own risk. Although we take measures to
safeguard against unauthorized disclosures of information, we cannot assure you that the personal
information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser
to store your preferences. Cookies, by themselves, do not tell us your email address or other personally
identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our
advertisements to appear on your social media and online media feeds as part of our retargeting campaigns.
If and when you choose to provide our Site with personal information, this information may be linked to the
data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small
pieces of code placed on a web page to monitor the visitor’s behavior and collect data about the visitor’s
viewing of a web page. For example, web beacons can be used to count the users who visit a web page or
to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not
responsible for the protection and privacy of any personal information which you provide whilst visiting those
websites. Those websites are not governed by this Privacy Policy. Please also refer to section 13 of these
terms and conditions.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy
on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy
Policy.

For any questions or notices, please contact our Privacy Officer at:
Pool Compliance Victoria
Email: adrian@poolcv.com.au
Phone: 1800 766 528
Last update:18/12/2020

16 CUSTOMER SERVICE CONTACT DETAILS

Phone 1800 766 528 (1800POOLCV)
EMAIL: office@poolcv.com.au