In accordance with the Victorian Building Authority, all swimming pools and spas in Victoria that are capable of containing water to a depth greater than 300 mm (30 cm) must have a compliant safety barrier to restrict access to the pool area by young children (under the age of five). These include in-ground spas as well as indoor spas. However, this is not applicable to spas that cannot contain a water depth of more than 300 mm as well as spas that are situated in a bathroom used for personal hygiene and emptied after each use.

Any spa deeper than 300 mm, including above-ground pools are required by law to have a permit. While most portable spas do not require certification or spa inspection, if a spa is deeper than 300 mm they must have a permanent safety barrier which obligates a building permit.

Spa owners are responsible for ensuring that their spa meets the applicable safety standards and obtaining a pool safety certificate. If an inspector determines that your safety barrier is not compliant with the requirements, they will issue a certificate of barrier non-compliance or issue a written notice which must be complied within 60 days or the date and time they intend to reinspect the spa barrier.
Once certificates of non-compliance are received by the council, the building municipal surveyor will issue a barrier improvement notice or a notice under the Building Act 1993.In accordance with the Victoria Building Authority, failure to comply with the non-compliance certificates or notices can result in a fee up to $1,849.20 (as of June 2023).