Policy and Law Reform Updates: June 2025

Wednesday, 30 April 2025

Policy and Law Reform Update - June 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 Restructure 

The ACT Government has confirmed that a major restructure of the ACT Public Service (ACTPS) will be in effect from 1 July 2025. This follows the release of a taskforce report led by Caroline Edwards, which outlined 13 recommendations for reform. The full report is available at this link. 

Key recommendations included: 

  • Creation of a new directorate by merging Transport Canberra and City Services (TCCS), the Environment, Planning and Sustainable Development Directorate (EPSDD), Access Canberra, and relevant regulatory functions from the Chief Minister, Treasury and Economic Directorate (CMTEDD). The new Directorate is called the City and Environment Directorate. 

  • Formation of a second new directorate by combining the Community Services Directorate (CSD) and the ACT Health Directorate (ACTHD). The new Directorate is called the Health and Community Services Directorate. 

  • Strategic review of all current government strategies, policies, frameworks, and action plans to assess their relevance and resource allocation. 

  • Implementation of a reform program in 2025-26 to improve staff mobility, streamline recruitment, and enhance responsiveness across the ACTPS. 

The Society looks forward to its continued engagement with these directorates in their new form. 

Proposed Amendments to the Legal Profession (Solicitors) Conduct Rules 2015 

The Society will commence consultation on proposed amendments to the Legal Profession (Solicitors) Conduct Rules 2015 from 13 June 2025. These amendments aim to ensure the ACT’s legal framework remains contemporary, nationally consistent, and responsive to emerging challenges. 

The proposed changes, endorsed in principle by the Society's Council, seek to: 

  • Promote consistency across jurisdictions to reduce complexity for practitioners; and 

  • Clarify professional obligations in light of technological and procedural developments. 

How to Review and Provide Feedback on the Proposed Amendments 

The Society will be inviting feedback from the legal profession and the public. An online form will be available on the Society’s website from 13 June 2025 to 4 July 2025. 

Reviews and Inquiries 

Review of Decision-Making Criteria in the Bail Act 

The ACT Government is reviewing the Bail Act 1992 with a focus on modernising decision-making criteria. The review aims to: 

  • Provide clear, consistent criteria for bail decisions; 

  • Uphold judicial independence and procedural fairness; and 

  • Align with the Human Rights Act 2004, while minimising harm to both alleged victims and the accused.  

Further information is available at this link.  

Public consultation closes on 13 June 2025. The Society intends to make a submission to the review with the support of its Criminal Law Committee.  

Members are encouraged to provide any feedback for consideration by the Committee to policy@actlawsociety.asn.au   

Review of the Charter of Rights for Victims of Crime 

The ACT Government is reviewing the Charter of Rights for Victims of Crime, introduced into the Victims of Crime Act 1994 in July 2020. The review will assess how effectively the Charter is supporting victims and whether improvements are needed. 

The Charter outlines victims’ rights to respectful treatment, access to support, and participation in justice processes. It also sets expectations for how justice agencies engage with victims and provides mechanisms for complaints. 

Further information is available at this link. 

Public consultation closes on 20 June 2025 and will inform a report to be tabled in the ACT Legislative Assembly by April 2026. 

Inquiry into Home Buyer Concession Scheme Administration 

The Standing Committee on Public Accounts and Administration has launched an inquiry into the administration of the Home Buyer Concession Scheme. The inquiry will examine eligibility criteria, including self-assessment and reassessment processes.  

Further details and the terms of reference are available at this link. 

The closing date for submissions is 29 August 2025. 

Review of Missing Middle Housing Reforms 

The ACT Government is seeking feedback on proposed Missing Middle Housing Reforms, which aim to modernise planning rules and support more diverse housing options in existing suburbs. The reforms include: 

  • A draft Major Plan Amendment to the Territory Plan, updating residential zoning policies, building heights, subdivision rules, and dwelling limits; 

  • A draft Missing Middle Housing Design Guide, providing design principles to ensure new housing fits well within existing neighbourhoods and promotes sustainability, walkability, and community amenity. 

Further information is available at this link. 

Public consultation closes on 22 July 2025.  

ACTLS Submissions 

AI Practice Direction and Judiciary Guidelines 

In May, the Society made a submission to the ACT Supreme Court regarding the proposal to introduce an AI Practice Direction and Judiciary Guidelines in the ACT Supreme Court. The submission was informed by input from members and outlined: 

  • Support for a Practice Direction and Judiciary Guidelines modelled on the revised NSW Practice Note issued on 28 January 2025; 

  • Concerns regarding potential affidavit compliance requirements and the potential for this to cause delays and inefficiencies; and 

  • Seeking clarification of Rule 15 if the NSW Practice Note is adopted in the ACT. 

To assist legal practitioners in navigating the evolving landscape of artificial intelligence, including Generative AI, the Law Council of Australia has launched an online portal to provide a centralised source of information to support legal professionals in understanding and responding to the opportunities, limitations and risks presented by the use of AI, including Generative AI. The resources are available at this link. 

ACTLS Top Law Reform and Funding Priorities for 2025 

In early May, representatives of the Society met with the ACT Attorney-General to discuss the legal profession’s top law reform and funding priorities for 2025. The meeting focused on practical reforms to modernise legal processes, improve access to justice, and reduce cost pressures for practitioners, the courts and community. Key issues raised by the Society included the potential benefits of: 

  • Reinstating electronic signature and remote witnessing provisions to support vulnerable Canberrans and align with national best practice; 

  • Modernising the ACT’s e-filing system to improve efficiency, reduce delays, and enhance access for self-represented and low-income litigants; and 

  • Enabling remote verification of identity for property transactions to reduce barriers for people with mobility challenges or safety concerns. 

The Society also provided a written outline of additional short and medium-term legislative priorities, including property law reform, succession law updates, and amendments to the Legal Profession Act 2006. The list of priorities was informed by all of the Society’s Special Interest Committees. 

The Society values the Attorney-General’s continued engagement and interest in the work of the Society. We look forward to further collaboration on these important reforms. 

Current Bills 

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

Road Transport (Safety and Traffic Management) Amendment Bill 2025 

This bill proposes amendments to the Road Transport (Safety and Traffic Management) Act 1999 and associated regulations. Key changes include: 

  • Introduction of the term ‘seatbelt detection system,’ using camera technology to detect seatbelt use; 

  • Expansion of the traffic offence detection framework to include seatbelt-related offences; 

  • Technical amendments to support the use of seatbelt detection systems; and 

  • Updates to drafting practices across related provisions.