It isn’t long until the Automated External Defibrillators (Public Access) Act 2022 (the Act) comes into force for “designated buildings” situated on non-crown owned land. Buildings covered will need to have at least 1 AED in place by 1 January 2026.

As a reminder these clubs will need to have at least 1 AED in place regardless of size:

• All sporting clubs;
• clubs where gambling is authorised (unless where the only gambling is lottery tickets such as X-Lotto, Powerball etc); and
• clubs with a sports bar.

All other clubs that do not fit into any of the above categories but have a building or multiple buildings with a floor area of 600m2 or more will also require at least 1 AED.

It is important to remember however that it is the owner of the land who has responsibility and so if a club leases their building from council, then it is council who have responsibility. If they own the land, then they will have responsibility.

If a club does not meet one of the categories requiring at least 1 AED regardless of size, then to measure their relevant buildings floor area they need to include:

• the internal floor space within the exterior walls of a building, including rooms, stairs, toilets, lifts, lift shafts and columns; and
• an external balcony or rooftop terrace.

Clubs will be deemed to be “relevant facilities” if:

• they have multiple buildings with a floor area of 600m2 or more that is within 100m of another; or
• are an enclosed or partially enclosed structure with a floor area of 600m2 or more used for sporting or recreational purposes and attended by the public.

Clubs with buildings with a floor area of 600m2 or more within 100m of another look at these buildings area cumulatively. If they are over 100m apart then they need to be looked at individually.

Any club that is captured by the legislation needs more than 1 AED if they:

• are on land used for a commercial purpose; and
• have a floor area of more than 1,200m2 that is publicly accessible.

A club is deemed to be on land used for a commercial purpose where they charge a fee for membership, regardless of whether the sale or supply of goods is the primary or a secondary purpose. Publicly accessible floor area means areas to which the public has unobstructed access whilst the area, building or facility is open to the public. This would include areas accessible by payment of money such as members only areas.

If the answer is yes to both criteria mentioned above, then 1 AED is required for every 1,200m2 that is publicly accessible (up to 12,000m2 where the max amount is capped).

There are also other requirements regarding signage, maintenance, placement etc that would have to be looked at and complied with, including by clubs who have had an AED for some time. Information and a copy of the guide can be found on this page. Clubs who are not already aware of the obligations under this legislation should carefully read the guide.