Policy and Law Reform Updates: July 2025

Monday, 30 June 2025

Policy and Law Reform Update - July 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.     

Proposed Amendments to the Legal Profession (Solicitors) Conduct Rules 2015 

The Society’s consultation on the proposed amendments to the Legal Profession (Solicitors) Conduct Rules 2015 is drawing to a close. Thank you to those who have already shared their insights and feedback. 

If you wish to contribute, please note that the consultation period will close on 4 July 2025. Feedback can be submitted via the online form available on the Society’s website at this link. 

Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 

From 1 July 2025, the minimum age of criminal responsibility in the ACT will rise from 12 years old to 14. The ACT remains a national leader in this reform, being the first jurisdiction to commit to raising the age to 14. 

The Society was pleased to contribute to the development of these reforms through submissions to the ACT Government informed by its Criminal Law Committee. 

The Act is available at this link. 

Crimes (Disclosure) Legislation Amendment Act 2024 

This Act introduced reforms to clarify and codify the prosecution’s disclosure obligations in criminal proceedings. The amendments apply to the Court Procedures Act 2004 and the Magistrates Court Act 1930 and are limited to matters where the accused pleads not guilty and the proceedings commence on or after the commencement date of the amendments. 

The Act also amends the Evidence (Miscellaneous Provisions) Act 1991 to amend the standing of complainants in sexual assault and family violence matters. 

The Act is available at this link.  

Children and Young People Amendment Act 2024 (No 2)  

Several provisions of the Children and Young People Amendment Act 2024 (No 2) commenced on 1 July 2025, including the establishment of an external merits review mechanism under the Children and Young People Act 2008. The reforms confer jurisdiction on the ACT Civil and Administrative Tribunal (ACAT) to review certain administrative decisions made by the Director-General, providing affected individuals with a pathway to seek reconsideration of decisions that significantly impact children, young people, and their families. 

The Act is available at this link. 

Justice and Community Safety Legislation Amendment Bill 2025 (No 2) 

This Bill includes a targeted amendment to streamline property disclosure obligations under the Civil Law (Sale of Residential Property) Act 2003. Specifically, it seeks to remove 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 amendment seeks to resolve a longstanding duplication between section 9(1)(k) of the Act and the disclosure requirements under the Unit Titles (Management) Act 2011. This reform is a response to the sustained and thoughtful advocacy of the ACT Law Society’s Property Law Committee, whose engagement with government has helped ensure a more efficient and coherent legislative framework for property transactions in the ACT. 

The Bill is available at this link. 

Property Developers Act 2024 

The ACT Government will introduce a new property developer licensing scheme from 1 October 2025, with a 12-month transition period before licensing becomes mandatory. 

From 1 October 2026, a licence will be required for individuals or entities undertaking key activities in residential developments of three or more dwellings, including applying for development or building approvals, lodging commencement notices, or selling property off-the-plan. 

To support the licensing framework, Equifax Australasia Credit Ratings will be recognised as a rating entity from 1 July 2025. An ICIRT rating report will be required as part of the licence application process. 

Further details on the scheme are expected in the coming months. 

The Act is available at this link. 

Reviews and Inquiries 

Inquiry into Home Buyer Concession Scheme Administration 

The Standing Committee on Public Accounts and Administration launched an inquiry into the administration of the Home Buyer Concession Scheme. The inquiry will examine eligibility criteria, including self-assessment and reassessment processes. 

Further details and the terms of reference are available at this link.   

The closing date for submissions is 29 August 2025.   

Review of Missing Middle Housing Reforms  

The ACT Government is seeking feedback on proposed Missing Middle Housing Reforms, which aim to modernise planning rules and support more diverse housing options in existing suburbs. The reforms include:   

  • A draft Major Plan Amendment to the Territory Plan, updating residential zoning policies, building heights, subdivision rules, and dwelling limits;   

  • A draft Missing Middle Housing Design Guide, providing design principles to ensure new housing fits well within existing neighbourhoods and promotes sustainability, walkability, and community amenity.  

Further information is available at this link.  

The closing date for submissions is 5 August 2025. 

General Updates 

PEXA Pricing 

On 1 July 2025, PEXA increased its transaction fees by 2.4%, in line with ARNECC’s regulatory framework and inflation adjustments. Practitioners are encouraged to review the updated pricing schedule and ensure accurate disclosure of costs to clients. 

From 1 September 2025, two new government-imposed regulatory charges will be introduced for eConveyancing transactions. These charges will be collected by PEXA, passed directly to the relevant regulatory bodies, and transparently itemised in transaction costs. 

Further details, including the updated pricing schedule, are available on the PEXA website at this link 

ACAT Updates for ACT Legal Practitioners  

ACAT has introduced a range of procedural changes and new forms. More information is available on the ACT Law Society website at this link. 

ACTLS Submissions 

Review of Decision-Making Criteria in the Bail Act 1992 

In June, the Society made a submission to the ACT Government’s review of decision-making criteria under the Bail Act 1992. Informed by input from members of the Society’s Criminal Law Committee, the submission advocated for the following: 

  • Reconsideration of existing presumptions against bail; 

  • Adopting a risk-based, individualised approach; 

  • Increased investment in bail support programs; and 

  • Improved data transparency and public education about the purpose of bail. 

Administrative Review Tribunal 6 Month Review 

The Society contributed to the Law Council of Australia’s submission on six newly issued practice directions for the Administrative Review Tribunal. Members can access the Law Council’s published submissions on their website at this link.