In short
Every indoor leisure venue in Australia is a workplace, so the person conducting the business or undertaking must keep the premises, plant and systems of work safe so far as is reasonably practicable. That means identifying hazards, maintaining equipment, training staff, supervising patrons and keeping records of inspections, incidents and near misses. Most trampoline parks, climbing structures, ninja courses and flying foxes are also amusement devices under work health and safety law and must be registered, inspected and maintained according to the regulator's requirements.
The core duties that apply in every state and territory
No matter where you operate, the work health and safety framework puts the same responsibility on you as the person conducting the business or undertaking, or PCBU. That responsibility is called the primary duty of care. You must ensure, so far as is reasonably practicable, the health and safety of workers and other people affected by your business.
For a leisure venue that translates into a short, practical list. Provide and maintain safe plant and equipment. Put in place safe systems of work for opening, operating, closing, cleaning and emergency response. Give workers the information, training, instruction and supervision they need. Keep the workplace itself safe, including access, lighting, surfaces and crowd flow. Monitor the health of workers and the conditions at the workplace. And consult with workers about safety decisions that affect them.
The trap is not missing one of these duties in isolation. The trap is having a document that says you do them all, but no evidence that anyone follows it. Regulators will ask to see the risk assessments, the daily checks, the maintenance log and the incident reports. If the paperwork exists but the behaviour does not, the paperwork works against you.
Safe plant, safe systems of work and why both matter
Safe plant means the physical equipment. Mats are not torn, padding is in place, bolts are tight, springs are not fatigued, auto belays are within their service life, and climbing holds are secure. Safe systems of work means how people use that equipment. Session times, age and height restrictions, staff ratios, grip sock rules, how you manage mixed ages on a trampoline court, how you clear a foam pit, and what you do when a patron ignores the rules.
You need both. Brand new equipment with no rules is dangerous. Perfect rules with worn equipment are dangerous. The regulator will look at the condition of the plant and the behaviour on the floor, and they will compare the two against your own procedures.
Supervision, patron behaviour and your duty of care
Supervision is a control, not just a job title. Courts and regulators have consistently found that signage and waivers are not enough. You need enough trained staff on the floor to see risky behaviour before it causes injury, and you need a clear escalation path when a patron refuses to follow the rules.
Your supervisors should understand the age limits for each attraction, how to spot fatigue, when to remove a patron, and how to document the incident. A waiver is a contractual document. It does not remove your duty to supervise, maintain equipment or respond to hazards.
See the venue audits page for what an independent check looks like.
Maintenance, inspection and the difference between daily and detailed checks
Maintenance is what you do to keep equipment safe. Inspection is how you confirm it is still safe. The two are related but not the same. A daily check looks for obvious damage, wear and housekeeping issues before opening. A detailed inspection by a competent person goes further, covering structural components, fasteners, wear items, electrical systems and compliance with the relevant Australian Standard.
How often each inspection happens depends on the equipment, the manufacturer's instructions, the relevant Australian Standard and the regulator's requirements. The important thing is that you can produce a schedule, name the person who did each check, show what they found, and show what you did about it.
Record keeping, incidents and near misses
Good records protect you. They show a pattern of care, they help you spot recurring problems, and they are the first thing a regulator requests after an incident. You should keep records of plant design and item registration, maintenance and inspection reports, daily opening checks, staff training and inductions, incident reports, near miss reports, and any correspondence with regulators or insurers.
A near miss is any event that could have caused injury but did not. A child lands outside a mat, a spring detaches but no one is on the bed, a harness clip fails during inspection. Reporting these is not paperwork for its own sake. It is how you find the problem before a child does.
Serious incidents must be reported to the regulator immediately, and the regulator decides what counts as serious. If someone is killed, seriously injured, exposed to a serious risk to health and safety, or there is a dangerous incident involving plant, you must notify the regulator. Do not wait for legal advice before making the call.
When is a trampoline park, climbing wall or ninja course an amusement device?
This is the question that determines whether plant registration and the amusement device rules apply. Under the model Work Health and Safety Regulations, an amusement device is plant operated for hire or reward that provides entertainment, sightseeing or amusement through the movement of the equipment, or the movement of passengers, when driven by power. WorkSafe WA's May 2025 Amusement devices guide for local government sets this out plainly and references AS 3533.1:2009 for classification.
Trampoline parks, climbing structures, ninja courses, flying foxes and zip lines operated for hire or reward are likely to be amusement devices unless they fall into an exemption. Exemptions vary by state but commonly include playground devices, class 1 devices, some water slides and wave generators, and some inflatable devices depending on how they are powered and how high the platform is. You cannot assume your equipment is exempt because it looks like play equipment. The classification depends on the design, operation and the regulator's interpretation.
Australian Standards that apply to your equipment
Australian Standards set out the technical requirements for design, construction, operation and inspection. The detailed text is behind a paywall at Standards Australia, so this section names each standard and what it covers. You should buy or access the current version from Standards Australia directly rather than rely on summaries.
AS 3533 is the series for amusement rides and devices. Part 1 sets out design and construction requirements, including classification. Part 2 covers operation and maintenance. AS 3533 is referenced by regulators across Australia when deciding whether equipment is a registrable amusement device.
AS 5159.1 covers trampoline park facilities, including layout, equipment, surfacing, patron management and operational requirements. AS 5159.2, published in 2026, covers dismount pits in trampoline park facilities, including the design, construction and maintenance of foam pits, airbags and similar landing systems. I contributed to both standards and sit on the Standards Australia committee SF-051 Ninja Parks.
AS 2316 covers artificial climbing structures, including fixed climbing walls and bouldering walls. It sets out design, construction, inspection and operational requirements for commercial climbing environments. I also sit on the Standards Australia committee SF-047 Artificial Climbing Structures.
There may be other standards referenced by your state regulator for specific equipment such as high ropes courses, flying foxes or inflatables. The regulator's guidance will usually name them. Always check the current adopted version and any state specific amendments.
The regulator's guidance is the best place to check which standards apply in your state; I cover this in more detail under compliance systems.
How inspection actually works
Inspections come in layers. Your staff do daily or pre-opening checks. A competent person does periodic and annual inspections. Manufacturers or their authorised agents may do major inspections or overhauls at longer intervals.
A competent person is someone who has the relevant knowledge, training and experience to judge whether the equipment is safe. For many amusement devices, regulators expect this to be a Chartered Professional Engineer or someone eligible for the National Professional Engineers Register. SafeWork NSW's competent person guidance says this explicitly for amusement device inspections, except for some smaller inflatable devices. In other states the exact requirements may differ, so confirm with your regulator.
You should keep the inspection report, any photos or measurements, any recommendations, and evidence that you acted on them. If the report says replace a component in six months, you need a record showing that it happened.
State and territory differences
The duties are national in concept but the regulator, the legislation and some of the detail differ in each jurisdiction. The following table gives the regulator and key instrument for each state and territory. If you are preparing to open, the operational readiness audit can map this out before you fit out.
- Western Australia: WorkSafe WA administers the Work Health and Safety Act 2020 and Work Health and Safety General Regulations 2022. The WorkSafe WA Amusement devices guide for local government is a clear source for what counts as an amusement device.
- New South Wales: SafeWork NSW administers the Work Health and Safety Act 2011 and Work Health and Safety Regulation. SafeWork NSW publishes amusement device guidance, plant registration requirements and a competent person determination.
- Victoria: WorkSafe Victoria administers the Occupational Health and Safety Act 2004 and Occupational Health and Safety Regulations 2017. The Occupational Health and Safety Amendment Amusement Structure Regulations 2026 introduce new design and item of plant registration requirements from 29 July 2026.
- Queensland: WorkSafe Queensland administers the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. Queensland has its own Amusement Devices Code of Practice 2023, which commenced on 1 February 2024.
- South Australia: SafeWork SA administers the Work Health and Safety Act 2012 and Work Health and Safety Regulations 2012. SafeWork SA plant registration guidance references AS 3533.1:2009 for amusement device classification.
- Australian Capital Territory: WorkSafe ACT administers the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. Plant guidance confirms amusement devices are regulated as plant.
- Tasmania: WorkSafe Tasmania administers the Work Health and Safety Act 2012. Plant and amusement device obligations sit under the general WHS framework and are administered alongside building and electrical safety by Consumer, Building and Occupational Services.
- Northern Territory: NT WorkSafe administers the Work Health and Safety National Uniform Legislation Act 2011 and Regulations 2011. Plant items registered in another corresponding WHS jurisdiction are recognised in the NT.
Checks that are not about equipment at all
Three non-equipment checks catch operators out. Working with children screening, food business registration and public liability insurance.
Every jurisdiction requires some form of working with children check for people in child related work. In Western Australia it is the Working with Children Check administered by the Department of Communities. In New South Wales it is the Working with Children Check through the Office of the Children's Guardian. In Victoria it is the Working with Children Clearance. In Queensland it is the Blue Card. In South Australia it is the Working with Children Check through the Department for Human Services Screening Unit. In the ACT it is Working with Vulnerable People registration. In Tasmania it is Registration to Work with Vulnerable People. In the Northern Territory it is the Ochre Card. The categories, exemptions and renewal periods differ, so check the regulator's site for each role in your venue.
If you sell food or run a cafe, you must register or notify the local council, or the state or territory food authority, before operating. In Western Australia the Food Act 2008 and Food Regulations 2009 require registration with local government. In New South Wales retail food businesses notify the local council under the Food Act 2003 and Food Regulation 2025. In Victoria the Food Act 1984 requires registration or notification and council classification. In Queensland the Food Act 2006 requires a council food business licence for most retail food businesses. In South Australia the Food Act 2001 requires notification. In the ACT the Food Act 2001 requires registration. In Tasmania food business requirements are administered by local council environmental health. In the Northern Territory the Food Act 2004 requires registration with the relevant local authority.
Public liability insurance is not set by WHS law at a fixed amount, but it is a commercial expectation. Landlords, councils, event hirers and insurers themselves will usually require it. The right level depends on your size, your activities, your lease and your risk profile. Speak to an insurance broker who understands leisure venues, not just a generalist.
What a regulator actually looks for when they arrive
A regulator visit usually starts with paperwork. They want to see your WHS policy, your risk assessments, your plant registration certificates, your inspection records, your staff training records and your incident reports. Then they walk the floor. They compare the documents to what is actually happening.
They will ask whether staff know the rules. They will check whether your daily checklists are signed and dated. They will look for overdue maintenance, damaged surfacing, missing signage, blocked exits and overcrowding. They will ask about your consultation with workers and how you handle reported hazards.
The best defence is not a perfect policy. It is a consistent pattern of care backed by records. If you can show you identified a hazard, controlled it, trained your staff and reviewed the control, you are in a much stronger position than an operator with a glossy manual and no evidence.
The records that save you when something goes wrong
After an incident, the records you kept become your evidence. The key records are: plant design registration and item registration certificates; purchase, installation and commissioning documents; maintenance schedules and maintenance logs; inspection reports by competent persons; daily or pre opening check sheets; staff training records, inductions and refresher training; incident and near miss reports; correspondence with regulators, insurers and equipment suppliers; and your own internal review notes showing how you responded to problems.
Keep them in one place, keep them current, and make sure more than one person knows where they are. A single staff member leaving should not take your compliance history with them.
An honest next step
If you are opening a venue, start with a compliance systems review before you sign the lease or place the equipment order. The layout, building classification, plant registration pathway and staffing model all depend on each other. Fixing them after installation is far more expensive.
If you are already operating, an independent venue audit will show you where your records, procedures and floor practice line up, and where they do not. I offer compliance systems setup, venue audits and operational readiness audits for operators across Australia. My advisory work is independent: no equipment to sell, no supplier commissions, no inflated claims. If that sounds like what you need, get in touch through the form below or call me on 0428 170 998. You might also want to read the guide on insurance and risk.
Questions operators ask
Who inspects trampoline parks in Australia and how often?
The operator is responsible for daily or pre opening checks. A competent person, often a registered professional engineer, carries out periodic inspections. The exact frequency depends on the equipment, the manufacturer's instructions, the relevant Australian Standard and the state regulator's requirements. Keep the inspection records with the plant registration documents.
What Australian Standards apply to a trampoline park?
AS 3533 covers amusement rides and devices. AS 5159.1 covers trampoline park facilities and AS 5159.2 covers dismount pits. The detailed requirements are behind a paywall at Standards Australia, so buy the current version directly rather than relying on summaries.
Do I need a safety consultant or can I do compliance myself?
A small operator with simple plant can manage much of the day to day compliance in house. You still need competent people for inspections, legal advice for interpretation and independent audits to check your own blind spots. Larger or higher risk venues usually benefit from specialist help.
What happens if there is an incident at my venue?
First, make the situation safe and provide first aid. Notify the regulator immediately if it is a serious incident. Preserve the scene if safe to do so. Record what happened, collect witness details and notify your insurer. Do not admit liability or speculate on cause.
What records must be kept for a trampoline park or climbing centre?
Keep plant design and item registration, installation and commissioning documents, maintenance logs, competent person inspection reports, daily check sheets, staff training records, incident and near miss reports, and correspondence with regulators and insurers.
Is a climbing wall or ninja course an amusement device?
Commercial climbing structures and ninja courses operated for hire or reward are likely to be amusement devices under WHS law. WorkSafe WA's guide states that plant operated for hire or reward that provides amusement through movement of the equipment or passengers is an amusement device. Check your state regulator's guidance for the exact classification.
What is the difference between a daily check and a detailed inspection?
A daily check is a visual and functional look for obvious damage, wear and housekeeping issues before opening. A detailed inspection goes deeper into structural components, fasteners, wear items and compliance with the relevant standard, and is done by a competent person at scheduled intervals.
Do waivers remove my duty of care?
No. A waiver is a contractual document. It does not remove your duty to maintain safe plant, supervise patrons, train staff or respond to hazards. Courts have consistently found that operators still owe a duty of care regardless of what a patron has signed.
Does every staff member need a working with children check?
Not necessarily every staff member. It depends on their role, the jurisdiction and whether they do child related work. In most states, staff or volunteers with face to face contact with children beyond incidental contact will need a current check. Check the regulator in your state for categories and exemptions.
How much public liability insurance do I need?
There is no single legislated minimum for indoor leisure venues in Australia. Landlords, councils, insurers and event hirers usually set their own requirements. The right amount depends on your activities, size, lease and risk profile. Use a broker who understands leisure venues.
Sources
- WorkSafe WA - Amusement devices guide for local government. https://www.worksafe.wa.gov.au/amusement-devices-guide-local-government
- SafeWork NSW - Amusement devices. https://www.safework.nsw.gov.au/hazards-a-z/amusement-devices
- SafeWork NSW - Competent person determination PDF. https://www.safework.nsw.gov.au/__data/assets/pdf_file/0012/50313/SW09073-0818-427575.pdf
- WorkSafe Victoria - New requirements for amusement rides. https://www.worksafe.vic.gov.au/new-requirements-amusement-rides
- WorkSafe Queensland - Amusement device regulation. https://www.worksafe.qld.gov.au/laws-and-compliance/work-health-and-safety-laws/amusement-device-regulation
- WorkSafe Queensland - Amusement Devices Code of Practice 2023. https://www.worksafe.qld.gov.au/laws-and-compliance/codes-of-practice/amusement-devices-code-of-practice-2023
- SafeWork SA - Plant registrations. https://safework.sa.gov.au/licence-and-registration/apply-renew/plant-registrations
- Safe Work Australia - Guide for Amusement Devices. https://www.safeworkaustralia.gov.au/doc/guide-amusement-devices
- WorkSafe ACT - Plant guidance. https://www.worksafe.act.gov.au/health-and-safety-portal/safety-by-industry/building-and-construction/plant
- WorkSafe Tasmania - Acts and Regulations portal. https://worksafe.tas.gov.au/topics/laws-and-compliance/acts-and-regulations
- NT WorkSafe - Plant registration. https://worksafe.nt.gov.au/licensing-and-registration/plant-registration