Policy and Law Reform Updates: July 2024

Monday, 1 July 2024

Policy and Law Reform Update - JULY 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. 

ACT Budget 2024-25

The ACT Budget 2024-25 was released on 25 June 2024. You can access budget papers from here.  

The Society notes that the ACT Budget 2024-25 includes investment in:

  • the ACT Courts and Tribunal and the ACT Human Rights Commission;
  • the ACT’s Community Legal Assistance Sector;
  • restorative justice and domestic violence support services; and
  • initiatives aimed at reducing the overrepresentation of First Nations people in the ACT criminal justice system.

ACT Revenue Office – changes effective 1 July 2024

From 1 July 2024, there are changes to fees, charges, duty and concessions administered by the ACT Revenue Office. Click here for more information about the changes.

For those Members practicing property law, the Society notes that this includes changes to conveyance duty and concessions, land tax and landholder duty.  The conveyance duty concession codes have also been updated (see 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.  

The Civil Law (Wrongs) Amendment Act 2024, which implemented reforms arising from Stage 2 Review of the Model Defamation Provisions commenced on 1 July 2024. The reforms relate to:

  • Internet intermediary liability for defamation for publication of third-party content; and
  • extending the defence of absolute privilege for reports made to police and complaints handling bodies (including the ACT Law Society).

The Children and Young People Amendment Bill 2024 (No 2) passed on 26 June 2024 and is awaiting notification. Amendments relating to enhanced support for persons transitioning out of case into independent living commence the day after notification. 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.

The Crimes (Disclosure) Legislation Amendment Act 2024 was notified on 19 June 2024. Amendments to facilitate standing of complainants in sexual assault and family violence criminal matters where there is an application regarding disclosing protected confidences commenced 20 June 2024. Reforms which will legislate the scope and content of the prosecution’s obligation of disclosure of evidence in criminal proceedings will not commence until 19 June 2025. The Society, informed by its Family Violence and Children’s Committee and Criminal Law Committee, was engaged in the development of the Bill.

The Housing and Consumer Affairs Legislation Amendment Bill 2024, which passed on 25 June 2024 and is awaiting notification, includes amendments to the:

  • Residential Tenancies Act 1997 to support victims of domestic / family violence to end their tenancy agreement early without penalty (which are subject to delayed commencement – within six months of notification); and
  • Unit Titles (Management) Act 2011 to support landlords to meet their disclosure requirements by being able to request information from the owners corporation (which commence on the seventh day after its notification day).

The Society, informed by its Family Violence and Children’s Committee and Property Law Committee, was engaged in the development of reforms relating to residential tenancies and unit titles management.

The Parentage (Surrogacy) Amendment Bill 2023 passed on 25 June 2024 and will commence the day after its notification day. The amendments remove unnecessary barriers to altruistic surrogacy in the ACT while strengthening the regulatory framework for surrogacy arrangements and making of parentage orders. The Society, informed by its Family Law Committee, was engaged in development of the Bill.

The Property Developers Bill 2023, which will establish a new licensing and rectification order scheme for property developers, passed on 27 June 2024 and is awaiting notification. The majority of reforms commence the day after notification day. New licensing requirements are subject to deferred commencement (a date to be fixed by the Minister within three years). The Society, informed by its Property Law Committee, was engaged in the development of the Bill.

The Voluntary Assisted Dying Act 2024 was notified on 19 June 2024 and establishes a legislative scheme for persons to access voluntary assisted dying in the ACT. The scheme will commence on 3 November 2025. The Society, informed by its Elder & Succession Law Committee, Employment Law Committee and Criminal Law Committee, was engaged in the development of the Act.

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 is due to report by 30 July 2024.

ACT Legislative Assembly Standing Committee on Justice and Community Safety inquiry into the administration of bail 

The Society made a submission to the inquiry informed by the Criminal Law Committee and International Law Committee. Submissions to the inquiry are available from here. Representatives of the Society appeared and gave evidence as part of the inquiry on 18 June 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.