Policy and Law Reform Updates: August 2024

Tuesday, 30 July 2024

Policy and Law Reform Update - August 2024

These policy and law reform updates are collated to ensure members are equipped for any changes that may impact the profession. If you have any suggestions or feedback please contact us here. 

Key legislative changes 

Note that the following summary does not constitute legal advice and is intended only to provide general information to practitioners, drawn primarily from the amending legislation and explanatory materials accompanying its consideration by the ACT Legislative Assembly.   

New instruments under the Unit Titles (Management) Act 2011 

Two new instruments have been notified and are in force from 16 July 2024 to coincide with the commencement of the Housing and Consumer Affairs Legislation Amendment Act 2024 (HCAL Act). 

The HCAL Act amended provisions relating to unit title certificates under the Unit Titles (Management) Act 2011 (UTMA). The amendments introduced a new ‘unit title rental certificate’ containing information that a unit owner who wishes to rent out their unit must disclose to their tenant when entering a residential tenancy agreement. A determination setting out the requirements for the new unit title rental certificate determination will be delayed to coincide with related HCAL Act reforms to the Residential Tenancies Act 1997 which do not commence for another six months.  

As a consequence of the amendments described above, the HCAL Act also renamed the existing ‘unit title certificates’ have been renamed to ‘unit title sale certificate’ and ‘unit title sale update certificate’. These certificates are required under section 9 of the Civil Law (Sale of Residential Property) Act 2003 when a unit is being sold.  

The new Unit Title (Management) Sale Certificate Determination 2024 prescribes the information that must be provided in a unit title sale certificate and a unit title sale update certificate, including two additional disclosure requirements relating to regulated swimming pools located on the common property of a units plan and any embedded networks located within the units plan. These are discussed further below. 

In addition, the HCAL Act amended provisions in the UTMA relating to accessing owners corporation records (previously provided in section 119 of the UTMA, and now provided for separately in new section 120A of the UTMA).  

The Unit Title (Management) (Fees) Determination 2024 sets the fees that will apply to the unit title sale certificate and unit title sale update certificate and other requests for information made outside of the unit title certificate process.  

Transitional arrangements for the new Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS)  

The National Mediator Accreditation System (NMAS) is transitioning to the Australian Mediator and Dispute Resolution Accreditation Standards (AMDRAS).  

Although AMDRAS started its transition from 1 July 2024, accredited mediators will be able to renew their accreditation under the existing NMAS rules until 30 June 2025 (during the transition period). 

Accredited mediators that are due to renew their accreditation after 1 July 2025, will need to do so under AMDRAS. 

The existing 2-year renewal period has been retained although the Continuing Professional Development and Practice requirements for each level of accreditation now vary. AMDRAS Part 4, Division 10 sets out the revised requirements. The requirement for 25 hours of professional development remains with some slight changes to categories and there are changes to practice hour requirements. 

You can access the new AMDRAS and transitional guidelines from here.  

The Mediation Standards Board has also become the AMDRAS Board. The AMDRAS Board has been engaging directly with its members to provide guidance, support and educational sessions.  

Commencement of previously notified reforms 

The following reforms, included in the July 2024 policy update, have now commenced: 

  • Children and Young People Amendment Act 2024 (No 2) 

    • Amendments relating to enhanced support for persons transitioning out of case into independent living commenced on 11 July 2024.  

    • The establishment of an external merits review process of administrative decisions made by the Director-General within the ACT Civil and Administrative Tribunal will not commence until 1 July 2025. 

  • Housing and Consumer Affairs Legislation Amendment Act 2024  

    • Amendments to the Unit Titles (Management) Act 2011 to support landlords to meet their disclosure requirements by being able to request information from the owners corporation commenced on 16 July 2024. 

    • Amendments to the Residential Tenancies Act 1997 to support victims of domestic / family violence to end their tenancy agreement early without penalty will commence no later than 9 January 2025. 

  • Parentage (Surrogacy) Amendment Act 2024  

    • Amendments removing unnecessary barriers to altruistic surrogacy in the ACT while strengthening the regulatory framework for surrogacy arrangements and making of parentage orders commenced on 10 July 2024.  

  • Property Developers Act 2024 

    • Amendments related to addressing defects in buildings (including rectification orders) commenced on 11 July 2024. 

    • New licensing requirements for property developers are subject to deferred commencement (a date to be fixed by the Minister within three years).  

Reviews and inquiries 

ACT Law Reform and Sentencing Advisory Council referral in relation to dangerous driving (sentencing and recidivism)  

The Society made a submission to the Review informed by the Criminal Law Committee. Submissions to the Review are available from here. The Council’s reporting deadline has been extended to 30 August 2024.

Current bills

The current list of all bills before the ACT Legislative Assembly is available from here. The following bills have been highlighted for the interest of Members. 

  • Justice and Community Safety Legislation Amendment Bill 2024 – an omnibus bill making minor and technical amendments to a range of legislation, including the: Civil Law (Wrongs) Act 2002, Court Procedures Act 2004; Domestic Violence Agencies Act 1986; Human Rights Act 2004 and the Discrimination Act 1991.     

  • Monitoring of Places of Detention Legislation Amendment Bill 2024 – amends relevant legislation to provide for the establishment, functions and powers of the ACT National Preventive Mechanism, supporting the ACT’s international human rights obligations under Part IV of the United Nations Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.