When deciding to purchase a spa or swim spa there can be a lot of mis-information out there.
The NSW pool fencing laws are quite specific and are listed here.
Extract from Fair Trading NSW
2.59 Specified Development
The construction or installation of a portable swimming pool or spa or a child-resistant barrier that is required under the Swimming Pools Act 1992 is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area.
2.60 Development standards
(1) The standards specified for that development, if it is the construction or installation of a portable swimming pool or spa, are that the development must:
(a1) be for residential uses only, and
(a) be located in the rear yard, and
(b) be located at least 1m from each lot boundary, and
(c) not exceed 2,000 L in capacity, and
(d) not require structural work for installation, and
(e) not impact on the structural stability of any building.
(2) A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
Spa Pools
The Swimming Pools Regulation 2008 stipulates that a spa pool is not required to be surrounded by a child resistant barrier so long as access to the water contained in the spa pool is restricted, in accordance with the Swimming Pools regulation 2008
Swimming Pools regulation 2008 states that Spa pools must be covered and secured by a lockable child-safe structure such as a door, lid, grill or mesh.
In Summary
Once a spa exceeds 2000lt capacity local council planning permission is required in the form of a Complying Development Certificate (CDC) or Development Application (DA).
All swim spas need approvals before installing.