Wednesday, 30 April 2025
Policy and Law Reform Update May 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.
Human Rights (Housing) Amendment Bill 2025
The Human Rights Housing Amendment Bill 2025 seeks to amend the Human Rights Act 2004 to include the right to adequate housing in the ACT’s human rights framework. If passed, the bill will insert a new section (section 27D) establishing the immediately realisable aspects of this right.
Professional Accreditation Updates
Mediator Accreditation Renewal Under AMDRAS
From 1 July 2025, accredited mediators will be required to renew their accreditation in accordance with the Australian Mediator Dispute Resolution Accreditation Standards (AMDRAS). All Recognised Accreditation Providers (formerly RMABs) will have systems in place to facilitate renewals under the updated standards. The existing two-year renewal period has been retained, however the Continuing Professional Development (CPD) and practice requirements for each accreditation level have been revised. More information about these changes is available on the AMDRAS website.
Changes for Family Dispute Resolution Practitioners
The Family Law (Family Dispute Resolution Practitioners) Regulations 2025 came into effect in April 2025. Key changes include the new requirement for accredited practitioners to meet a 'fit and proper person' test and hold professional indemnity insurance at the time of application, with restricted accreditation no longer available for uninsured applicants. The previous 3-unit accreditation pathway has been replaced by four new pathways, while a public FDR practitioner register will enhance transparency. More information about these changes is available on the Attorney-General's Department’s website.
ACT Courts Updates
Consultation on the Introduction of an AI Practice Direction and Guidelines in the ACT
The ACT Supreme Court has announced an intention to introduce a practice direction and guidelines of similar substance to the NSW SC Practice Note and Guidelines for Judges on the use of Generative AI. As part of this process, the Court has asked the ACT Law Society to consult members on the proposal.
We’re engaging in a targeted consultation process to inform our submission which has also been informed by the Law Society of NSW’s insights on the concerns raised by firms in NSW when the practice direction and guidelines were introduced. We’ll continue to update members on these changes as they progress.
Requisitions Timeframes
The Law Society’s special interest committees bring together volunteer members with deep expertise to support the profession. Among these, the Elder and Succession Law Committee plays a key role in monitoring legislative developments, advocating for reform, and addressing practical challenges in the field.
At its April meeting, the Committee met with a representative of the ACT Supreme Court to discuss timeframes for requisitions. The Court confirmed it aims to process standard applications for grants within 6–8 weeks.
Your Input Matters
Members are invited to share feedback on practice issues, court procedure, or education needs by emailing committee@actlawsociety.asn.au. Member insights help shape committee advocacy on behalf of the profession.
Advocacy
Inquiry into Insurance Costs in the ACT
On 17 April 2025, Vice President of the ACT Law Society (the Society) Lisa Quilty attended the Inquiry into Insurance Costs in the ACT on behalf of the Society. Ms Quilty reiterated the concerns outlined in the Society’s submission to the inquiry. The written submission and transcripts from these hearings are available at this link.
