Policy and Law Reform Update - November 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. 

Key Legislative Changes 

Magistrates Court (Indicative Sentencing) Amendment Bill 2025 

The Magistrates Court (Indicative Sentencing) Amendment Bill 2025 proposes a new indicative sentencing framework for the ACT Magistrates Court. If enacted, the scheme would allow a defendant to request an indication of the sentence the court would impose if they were to plead guilty. 

The Bill seeks to facilitate earlier resolution of criminal matters, reduce trauma for victims and witnesses, and improve systemic efficiency. It also amends the Crimes (Sentencing) Act 2005 to permit the use of Victim Impact Statements in indicative sentencing proceedings. 

The Bill is currently before the Legislative Assembly and is available at this link. 

Property Developers Regulation 2025 

The Property Developers Regulation 2025 commenced on 16 October 2025, providing clarity on licensing requirements and exemptions under the Property Developers Act 2024. 

The regulation outlines required information for licence applications, public register entries, and exclusions for certain professionals and entities. It also prescribes the Code of Practice applicable to regulated residential building work. 

The regulation is now in effect and is available at this link. 

Building and Construction Legislation Amendment Bill 2025 (No 2) 

The Building and Construction Legislation Amendment Bill 2025 (No 2) introduces technical and administrative amendments across multiple Acts and Regulations, including the Building Act 2004, Construction Occupations (Licensing) Act 2004, and Property Developers Act 2024. 

The amendments aim to improve clarity, reduce administrative burden, and enhance safety standards—particularly in relation to home swimming pools and ‘as-built’ documentation requirements. 

The Bill is currently before the Legislative Assembly and is available at this link. 

Civil Law (Sale of Residential Property) Amendment Regulation 2025 (No 1) 

This regulation exempts on-sellers of off-the-plan contracts from licensing requirements under the Civil Law (Sale of Residential Property) Act 2003, simplifying compliance for certain property transactions. 

The regulation is now in effect and is available at this link.  

General Updates 

Voluntary Assisted Dying Scheme 

The ACT’s voluntary assisted dying legislation commences on 3 November 2025. The legislation will be subject to statutory review three years after commencement and every five years thereafter.  

The Voluntary Assisted Dying Act 2024 is available at this link. 

A brochure and information about implementation is available at this link. 

National Construction Code Update 

Building Ministers have agreed to pause further residential changes to the National Construction Code (NCC) until mid‑2029, following the finalisation of NCC 2025. The pause is intended to support productivity and provide greater certainty for industry. 

Ministers also endorsed work to streamline the NCC, including improving usability, reducing regulatory burden, and supporting modern construction methods. 

NCC 2025 will be published by 1 February 2026, with jurisdictions able to consider adoption from 1 May 2026. 

More information is available at this link.