Policy and Law Reform Updates: October 2025

Policy and Law Reform Update - October 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 

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.     

Property Developers (Relevant Property Developer) Code of Practice 2025 

The Property Developers (Relevant Property Developer) Code of Practice 2025 will commence on 1 October 2026. The Code of Practice will set the standards of conduct for property developers in the ACT.  Licensed property developers must comply with this code to meet their obligations under s19 of the Property Developers Act 2024.  

The Code of Practice can be found at this link. 

Justice and Community Safety Legislation Amendment Act 2025 (No 3)  

The ACT Government has made several minor amendments to various legislation on the 13th of September 2025 through the Justice and Community Safety Legislation Amendment Act 2025 (No 3). The Act includes the following amendments: 

  • Crimes (Sentencing) ACT 2005: Empowered the ACT Magistrates Court to issue temporary orders when treatment orders are breached and the ACT Supreme Court is unavailable.

  • Discrimination Act 1991: Clarified definitions of irrelevant criminal records to include spent and extinguished convictions. 

  • Guardianship and Management of Property Act 1991: Allowed statutory declarations in place of sworn oaths for ACAT proceedings. 

  • Information Privacy Act 2014: Strengthened complaint-handling procedures and added new definitions. 

  • Residential Tenancies Act 1997: Expanded and clarified standard tenancy terms, especially around posting termination clauses and additional terms for specific agreements. 

  • Civil Law (Sale of Residential Property) Act 2003: removed the requirement for unit sellers to disclose information about swimming pool safety barriers on common property, where that information is already provided via the unit title sales certificate.   

The Act can be found at this link. 

Road Transport (Safety and Traffic Management) Amendment Act 2025 

The Road Transport (Safety and Traffic Management) Amendment Act 2025 commenced on the 12th of September 2025. The Act: 

  • Establishes the term ‘seatbelt detection system,’ which involves using existing camera technology to detect seatbelts being worn; 

  • Amends the existing traffic offence detection device framework to support the new seatbelt detection system and allow for images to be used to depict both driver and/or passengers wearing seatbelts; 

  • Creates other technical amendments to support traffic camera expansion to seatbelts; and 

  • Creates minor technical amendments to other traffic offence detection device provisions to keep the legislation up to date with current drafting practice. 

The amendments will commence on the 3rd of November 2025. Further details can be found at this link 

Voluntary Assisted Dying Regulation 2025 

The Voluntary Assisted Dying Regulation 2025 was tabled on the 11th of September 2025. The regulation contains administrative provisions which support the operation of the Voluntary Assisted Dying Act 2024. The Regulation gives effect to parts of the Act notably providing supplementary requirements in relation to: 

  • Forms and documentation related to the process of requesting and accessing voluntary assisted dying, to be given to individuals accessing voluntary assisted dying, their contact persons, the voluntary assisted dying oversight board, and the relevant Director-General; 

  • Eligibility for authorised practitioners, approved suppliers and disposers, and couriers; 

  • Required information on forms relating to the approved substance, such as the prescription, supply record and disposal record; 

  • The storage, supply and disposal of the approved substance; 

  • Information required on notices relating to change in administration decisions, transfer of practitioners, and change in contact persons; 

  • The type of information to be kept by the voluntary assisted dying oversight board; 

  • How the voluntary assisted dying oversight board may achieve a valid vote and decision; and 

  • Information required on other documents such as, reviewable decision notices and residency exemptions. 

The regulation comes into effect on the 3rd of November 2025. Further details can be found at this link 

Payroll Tax Amendment Bill 2025 

The Payroll Tax Amendment Bill 2025 was tabled on the 3rd of September 2025. The bill seeks to apply a new payroll tax rate of 8.75% from 1 January 2026 and a split period calculation method to enable two payroll tax rates to apply with the 2025-2026 financial year. The new tax rate and calculation method only applies to employers with Australia wide (or group Australia wide) wages of more than $150 million. The bill excludes universities with an ACT campus from the new provisions.   

The bill can be found at this link. Submissions for the inquiry into the bill close on the 12th of October 2025.  The inquiry page can be found at this link. 

General Updates 

Property Developer Licensing Scheme - iCIRT ratings 

On the 27th of August 2025 Equifax Australasia Group held a webinar on the new Property Developer Licensing Scheme. The webinar covered the following: 

  • Understanding the Property Developers Act 2024; 

  • Overview of iCIRT ratings and their benefits; 

  • How to prepare for a rating assessment; and 

  • Q&A and Next Steps. 

The webinar was recorded and can be viewed at this link  

Jumbunna Institute - Final Report on Over-Representation of Aboriginal and Torres Strait Islander People in the ACT Criminal Justice System 

The Jumbunna Institute for Indigenous Education and Research at the University of Technology Sydney has released the final report of its two-part review into the over-representation of Aboriginal and Torres Strait Islander people in the ACT criminal justice system.  

The Final Report makes 99 recommendations aimed at reducing the rate of Aboriginal and Torres Strait Islander people in the ACT criminal justice system. These recommendations span areas such as policing, legal processes, community support, and cultural safety.  

The Jumbunna Institute held a webinar on the 1st of September 2025 to provide members of the community with an overview of the Report’s findings. The webinar can be found at this link.  

On the 25th of September 2025, the ACT Government released its interim response to the report. The ACT Government is taking a staged approach in its response to the Review with recommendations to be progressed in consultation with directorates.  

The ACT Governments interim response can be found at this link. 

Statutory Review of Affirmative Consent Laws 

The ACT Government has released its report on the review of the ACT’s affirmative consent laws, which came into effect in 2022. The report reviews the operation of sections 50A, 50B, 50C, 67(1), 67(2), 67(4) and 67(5) of the Crimes Act 1900.  

Section 442D of the Crimes Act provides that the Minister must review the operation of the provisions inserted by the Amendment Act as soon as practicable two years after their commencement. The Minister must also present a Report on the Review (the Report) to the legislative Assembly within 12 months of the commencement of the Review. This Review was undertaken by the Justice and Community Safety Directorate (JACS) and began on 1 October 2024.  

The Review aimed to determine whether these sections of the Amendment Act are clear and effective. It also examined whether the Amendment Act had any unintended consequences. Thirty-seven key stakeholders (including the ACT Law Society) were invited to provide feedback for the Review. The Review has concluded that at this stage, all existing provisions of the Amendment Act should continue to operate in their current form. The Review also identified some opportunities for further policy work and consultation to continue to improve the ACT’s affirmative consent framework into the future. 

The review can be found at this link. The ACT Government’s affirmative consent campaign can be found at this link. 

Advocacy 

Report on the Inquiry into Insurance Costs in the ACT 

On the 25th of September 2025, the Standing Committee on Economics, Industry and Recreation tabled its report on the Inquiry into Insurance Costs in the ACT. The Committee made 21 recommendations including (but not limited to): 

  • The Committee recommended that the ACT Government determine whether introducing caps on personal injury claims is likely to reduce premiums and if so, develop legislation to introduce such caps; 

  • The Committee recommends that the ACT Government explore evidence-based policy options for capping insurance premium increases; 

  • The Committee recommends the ACT Government determine whether a statutory cap on legal fees is likely to reduce insurance premiums in the ACT. If yes, the Committee recommends the ACT Government develop legislation to introduce such a cap; 

  • The Committee recommends that the ACT Government amend the regulations around ‘no win no fee’ legal service advertising to require a disclosure that claimants are required to pay disbursements and potentially third-party costs, regardless of the outcome of their claim; and 

  • The Committee recommends that the ACT Government consider amending the Civil Law (Wrongs) Act 2002 to allow proportional liability to be applied to both personal injury claims and claims made under the Workers’ Compensation Act 1951.  

The full report including all 21 recommendations can be found here. The ACT Government is expecting to issue a formal response by 25 January 2025.