Policy and Law Reform Updates: June 2024

Tuesday, 4 June 2024

Policy and Law Reform Update - JUNE 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.   

Defamation law reform  

The Civil Law (Wrongs) Amendment Act 2024 implemented reforms arising from Stage 2 Review of the Model Defamation Provisions, dealing with:  

  • Part A: Internet intermediary liability for defamation for publication of third-party content; and  

  • Part B: extending the defence of absolute privilege for reports made to police and complaints handling bodies (including the Society).  

While the Amendment Act was notified on 24 May 2024, it does not commence until written notice by the Minister (but must commence within 18 months from notification date).  

Sentencing reform 

The Crimes (Sentencing) Amendment Act 2024 inserted new section 34AA into the Crimes (Sentencing) Act 2005, creating a legislative framework to allow submissions to be made by a party to the proceeding stating the sentence, or range of sentences, the party considers appropriate for the court to impose. This means that both the offence and defence have the opportunity to recommend how an offender should be prosecuted (if at all) for an offence. The amendment seeks to override, in the ACT, the High Court decision of Barbaro vs. The Queen [2014]. The Amending Act commenced on 25 May 2024.  

Changes to impaired driving legislation  

The Road Safety Legislation Amendment Act 2024 made changes to strengthen the legislative framework relating to driving under the influence of alcohol, drugs, or a combination of both. Specifically, the Amending Act: 

  • clarified the meaning of first and repeat offender (a person is a repeat offender if they have been issued with an infringement notice for a relevant offence and not disputed it – they do not have to have been convicted in court); 

  • increased and equalised penalties for drink and drug driving offences (including penalty units, licence disqualification, prison alternative periods and the use of alcohol interlocks); 

  • created a low-range drink driving Traffic Infringement Notice for first-time offenders; 

  • created a new offence for simultaneously drug and alcohol driving; 

  • updated the penalties of the offence aimed at the highest risk and most severe cases of impaired driving; and 

  • expanded roadside drug testing to include cocaine.  

The majority of amendments commenced 25 May 2024, with others having a deferred commencement to 1 January 2025.  
 

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 Government review of laws relating to buying property off-the-contract (rescission clauses)  

  • The Society made a submission to the Review informed by the Property Law Committee. A Listening Report is expected to be released in late June 2024. You can stay up to date with the Review here.  

ACT Government Consultation on a proposed Domestic, Family and Sexual Violence Strategy  

  • The ACT Government has completed consultation on the proposed principles, focus areas and priorities for a Domestic, Family and Sexual Violence Strategy. A Listening Report is expected to be published soon, with the Strategy finalised and implementation occurring late 2024. To learn more about the proposed Strategy, click here.   

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 are expected to appear and given 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. 

  • an enhanced support scheme for young people transitioning out of care into independent living; and  

  • the establishment of an external merits review process of administrative decisions made by the Director-General within the ACT Civil and Administrative Tribunal   

  • Residential Tenancies Act 1997 to support victims of domestic / family violence to end their tenancy agreement early without penalty; and  

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