Policy and Law Reform Updates: February 2025

Thursday, 30 January 2025

Policy and Law Reform Update FEBRUARY 2025

 

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 Government Priorities 

The 2024 election platform of the ACT Labor Party, along with the Supply and Confidence agreements with the crossbench, provide valuable insights into the likely policy and law reform priorities for the law and justice sector over the next four years. For more detailed information about the ACT Government’s legislative priorities, members of the Society are encouraged to review the Summer 2024 edition of Ethos. 

The Society remains committed to advocating for the efficient, effective, and equitable operation of the ACT legal system in collaboration with the new government. Our advocacy efforts will be guided by the Society’s 2024 Call to Parties, which was released prior to the ACT election and serves as a foundational framework for our ongoing engagement. 

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.     

Justice and Community Safety Legislation Amendment Bill 2024 (No 2) 

The Justice and Community Safety Legislation Amendment Bill 2024 (No 2) was presented in the Assembly on 4 December 2024. It is an omnibus Bill that proposes minor or technical amendments to the following legislation: 

  • Fair Trading (Australian Consumer Law) Act 1992

  • Human Rights Commission Act 2005 

  • Official Visitor Act 2012 

  • Residential Tenancies Act 1997 

  • Retirement Villages Act 2012 

Key changes include amending the operation of the Human Rights Commission’s complaints handling function under the Human Rights Act 2004, provisions for information sharing between official visitors, and changes to governance arrangements for retirement villages committees. The explanatory statement can be accessed at this link. 

Housing and Consumer Affairs Legislation Amendment Act 2024 

Reforms contained in the Housing and Consumer Affairs Legislation Amendment Act 2024 (the HCAL Act) have now commenced.   

The HCAL Act amended the Residential Tenancies Act 1997 to: 

  • prevent rent increases within 12 months of a previous increase; 

  • make break lease clauses mandatory (see this link for the new standard residential tenancy terms);  

  • clarify bond and condition report obligations for consecutive; 

  • support victims of domestic / family violence to end their tenancy agreement early without penalty (see this link for relevant forms). 

More information about these reforms is available in the August Policy & Law Reform Update. 

Utilities (Technical Regulation) (Water and Sewerage Code) Approval 2024 

Reforms contained in the Utilities (Technical Regulation) (Water and Sewerage Code) Approval 2024 (the Water and Sewerage Code) have now commenced.  

The Water and Sewerage Code has introduced new metering requirements for Class B Developments. These changes are being introduced in a phased approach with requirements for Class A Developments commencing in 2027.  

Developers can now opt-in for individual Class B unit metering. From 1 July 2025, individual Class B unit metering will become mandatory. 

More information about these reforms is available at this link. 

Reviews and Inquiries 

Inquiry into the management of strata properties 

The Legislative Assembly for the Australian Capital Territory Standing Committee on Legal Affairs is commencing an inquiry into the application of the Unit Titles (Management) Act 2011. The Act regulates the membership, functions and powers of owner's corporations. The committee will also consider its remit for a potential Strata Commissioner in the ACT and any issues that arise in mixed-use buildings between residential and commercial tenants. More information about the inquiry and its Terms of Reference is available at this link.  

Inquiry into insurance costs in the ACT 

The Legislative Assembly for the Australian Capital Territory Standing Committee on Economics, Industry and Recreation is commencing an inquiry into the cost and availability of insurance in the ACT. The inquiry will also consider trends in public liability claims, litigation behaviour and insurance premiums. More information about the inquiry and its Terms of Reference is available at this link.