Thursday, 26 September 2024
Policy and Law Reform Update - October 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.
Caretaker and the 2024 ACT election
On 13 September 2024, the ACT Government assumed a caretaker role, with the ACT election to be held on 19 October 2024. During the caretaker period, the ongoing business of government service delivery and administration continues. However, successive ACT Governments have followed a series of accepted practices, known as the "caretaker conventions" which aim to ensure that their actions do not bind an incoming government or limit its freedom of action. In summary, the conventions are that the Governments avoids:
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making major policy decisions that are likely to commit an incoming government;
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making significant appointments; and
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entering into major contracts or undertakings.
For more information about caretaker conventions click here.
The ACT Legislative Assembly has risen for the 2024 ACT election. All chamber business – including Bills – lapse after the last sitting day (which was 5 September 2024). After the election, the new Assembly starts with a ‘clean slate’ and any Bills from the previous term must be reintroduced.
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.
Legislation notified since the last policy and law reform update:
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The Human Rights (Healthy Environment) Amendment Act 2023 was notified on 17 September 2024. To commence on a day fixed by the Minister (within 6 months of notification).
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The Justice and Community Safety Legislation Amendment Act 2024 was notified on 17 September 2024. Commencement dates vary.
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The Monitoring of Places of Detention Legislation Amendment Act 2024 was notified on 17 September 2024. All provisions commenced by 18 September 2023.
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The Sexual, Family and Personal Violence Legislation Amendment Act 2024 was notified on 17 September 2024 and commenced on 19 September 2024.
Reviews and inquiries
ACT Government Review of laws protecting off-the-plan home buyers from unfair contract cancellations
The Society made a submission to the Review, informed by the Property Law Committee. The Government’s Listening Report is available from here; the Final Report is available from here.
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’s final report has been provided to the ACT Attorney-General and is available from here.
ACT Legislative Assembly Standing Committee on Justice and Community Safety inquiry into the administration of bail in the ACT
The Society made a submission to the Inquiry informed by the Criminal Law Committee. The Chair of the Criminal Law Committee also appeared before the Committee as part of the Inquiry. The Society’s submission is available from here. The report of the Inquiry is available from here.