Friday, 29 August 2025
Policy and Law Reform Update - September 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.
Motor Accident Injuries (Indexation of Benefits) Declaration 2025 (No 2)
On 18 August 2025, the Motor Accident Injuries (Indexation of Benefits) Declaration 2025 (No 2) was issued under s19 of the Motor Accident Injuries Act 2019. The declaration sets out updated indexation factors and adjusted benefit amounts, effective from 1 October 2025.
The declaration applies Average Weekly Earnings (AWE) indexation to a range of statutory benefits and damages under the Act.
Practitioners working within the MAI jurisdiction are encouraged to familiarise themselves with the updated amounts to ensure accurate advice and claims processing.
The Motor Accident Injuries (Indexation of Benefits) Declaration 2025 (No 2) is available at this link.
Appointment of the Voluntary Assisted Dying Oversight Board
On 13 August 2025, seven inaugural appointments were made to the Voluntary Assisted Dying Oversight Board under the Voluntary Assisted Dying Act 2024.
Board members must have knowledge and expertise in one or more of a range of specific areas ranging from medicine to social work.
The Voluntary Assisted Dying Act 2024 and each of the statutory appointments can be found at this link.
General Updates
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 ACT Government is expected to provide an interim response to the report in September 2025.
To support awareness and engagement, the Jumbunna Institute is hosting a webinar outlining the report’s findings. Details below:
- Monday 1 September 2025
- 1:00-2:00pm
- Zoom
- Register at this link
Home Buyer Concession Scheme
ACT Revenue is continuing to monitor compliance with the Home Buyer Concession (HBC) scheme. All HBC applications are being validated for eligibility based on:
- Prior property ownership
- Income thresholds
- Residency requirements
Eligibility checks are conducted approximately two years after the initial duty assessment, once residency requirements can be verified. ACT Revenue uses a range of data sources, including ATO income data, rental bond records, and rates and land tax information. Where ineligibility is identified, ACT Revenue will contact the claimant to discuss the matter and seek engagement.
Support and Guidance
ACT Revenue will publish further guidance and examples on its website to help home buyers self-assess their eligibility. Additional communications will also be sent to those who have claimed the HBC, reminding them of the scheme’s conditions and their obligations if circumstances change.
Members of the ACT Law Society are encouraged to remind clients that ACT Revenue’s contact centre is available for assistance via 6207 0028 or duties@act.gov.au
Members should also note the recently issued Taxation Administration (Amounts Payable – Home Buyer Concession Scheme) Determination 2025, which clarifies eligibility in cases where domestic partners have separated but are not legally divorced.
Voluntary Assisted Dying Laws for Private Facilities
The ACT Government has updated its guidance for private facilities ahead of the commencement of voluntary assisted dying laws on 3 November 2025. All private facilities must have a voluntary assisted dying policy in place by this date and ensure residents can access information and complete steps in the process. Facilities must also allow visits from a ‘relevant person’—such as a voluntary assisted dying practitioner, a Care Navigator or Pharmacy Service employee, a witness or agent, or an interpreter—who can support the resident’s access to voluntary assisted dying.
More information is available at this link.
Advocacy
Update to ACAT Legal Costs Order Regulation
In late July, the Society made a submission to the MAI Commission’s options paper on proposed updates to the ACAT Legal Costs Order Regulation. Informed by input from members of the Society’s Civil Litigation Committee, the submission advocated for the following:
- Retaining access to expert evidence and legal counsel in external reviews of insurer decisions;
- Including legal fees and disbursements (such as counsel and medical reports) within scheduled cost allowances;
- Recognising the complexity of ACAT proceedings under the MAI scheme; and
- Adopting a flexible, merit-based costs framework to support procedural fairness and access to justice.