Friday, 28 February 2025
Policy and Law Reform Update MARCH 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 Changes
The ACT Government has recently announced that it will make changes to the structure of the ACT Public Service, including the amalgamation of several existing directorates to be implemented by 1 July 2025.
As part of these changes, the following directorates will be merged:
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Transport Canberra and City Services, the Environment, Planning and Sustainable Development Directorate with Access Canberra
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Community Services Directorate with ACT Health
A taskforce chaired by Caroline Edwards PSM has been established to prepare a report for government on these changes including recommendations on the most efficient and effective way to implement these changes.
The Society maintains a strong relationship with these Directorates. We look forward to our continued engagement with these Directorates in their new form.
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.
Retirement Villages Amendment Regulation 2025 (No 1)
The Retirement Villages Amendment Regulation 2025 (No 1) amends the Retirement Villages Amendment Regulation 2013 to prescribe new obligations on operators of retirement villages in the ACT to develop and administer a prevention of elder abuse strategy. The changes proposed through this regulation are based on similar provisions in NSW.
Building and Construction Legislation Amendment Bill 2025
The Building and Construction Legislation Amendment Bill 2025 seeks to establish a compliance framework for the regulation of medical gas systems and imposes offences for failing to comply with the regulatory framework for medical gas systems. If passed, the bill will amend the following legislation:
- Building Act 2004;
- Building (General) Regulation 2008;
- Construction Occupations (Licensing) Act 2004;
- Gas Safety Act 2000;
- Gas Safety Regulation 2001;
- Property Developers Act 2024;
- Water and Sewerage Act 2000;
- Water and Sewerage Regulation 2001.
Assisted Reproductive Technology Amendment Bill 2025
The Assisted Reproductive Technology Amendment Bill 2025 seeks to amend the Assisted Reproductive Technology Act 2024 (ART Act) to expand the transitional provisions in Part 12 of the ART Act to a new cohort of people. This new cohort comprises people who were allocated gametes prior to 28 September 2024 (the end of the transitional period for the ART Act), and for whom use of those gametes now does not comply with the requirements established by the ART Act.
Crimes (Child Sex Offenders) Amendment Bill 2025
The Crimes (Child Sex Offenders) Act 2005 (the Act) established a child sex offenders register for the ACT. The Act requires offenders who have been convicted of particular sexual offences against children to be registered on the child sex offenders register. Registrable offenders are subject to a number of requirements under the Act, including reporting obligations and a prohibition on engaging in child-related employment.
The Crimes (Child Sex Offenders) Amendment Bill 2025 seeks to expand the definition of child-related employment in s124 of the Act to include the provision of legal services related to a child, provided by Legal Aid ACT.
ACT Reviews and Inquiries
Inquiry into the Planning (Territory Priority Project) Amendment Bill 2025
The Legislative Assembly for the Australian Capital Territory Standing Committee on Environment, Planning, Transport and City Services has commenced an inquiry into the Planning (Territory Priority Project) Amendment Bill 2025. The bill seeks to amend the Planning Act 2023 to provide that a development proposal related to a public health facility and a development proposal related to public housing are captured under the meaning of a territory priority project. More information about the inquiry and its Terms of Reference is available at this link.