August / September 2023 FREE Industry update
24th August 2023 - Key property reforms tackle sunset clauses, smoking and pets in units
Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence
The Honourable Yvette D'Ath
- Proposed law reforms will better protect ‘off the plan’ home buyers from developers invoking sunset clauses in contracts for the sale of land
- Changes will allow bodies corporate to prohibit smoking in outdoor and communal areas
- Bodies corporate will be prevented from blanket banning pets
The Attorney-General introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 (the Bill) into the Queensland Parliament today.
The Queensland Government has taken a significant step towards strengthening protections for Queenslanders buying land ‘off the plan’ and improving liveability for the growing number of people residing in body corporate communities.
There have been reports of developers invoking a ‘sunset clause’ to terminate an ‘off the plan’ contract, allegedly in order to re-list and sell the proposed lot for a much higher price.
This has left home buyers out of pocket and without a home.
The Bill limits when property developers can invoke a ‘sunset clause’ to terminate ‘off the plan’ contracts for land to specific situations.
These situations are:
- with the written consent of the buyer; or
- under an order of the Supreme Court; or
- in another situation prescribed by regulation.
The ‘off the plan’ purchasing reforms will strengthen buyer protections by limiting when sunset clauses can be used to terminate ‘off the plan’ contracts for the sale of land. The Bill will also confirm that sellers, often property developers, cannot gain early access to deposits under ‘off the plan’ contracts.
The changes to body corporate law will:
- allow bodies corporate to make by-laws that prohibit smoking (including vapes) on common property or an outdoor area such as a balcony;
- make clear that regularly exposing a person in another unit or on common property to second-hand smoke is a nuisance, hazard and unreasonable interference that should not be occurring;
- prevent bodies corporate from making by-laws banning pets in community titles schemes;
- clarify and enhance the ability for bodies corporate to tow vehicles from common property in a timely manner;
- allow for an adjudicator to approve for a body corporate to put in place alternative insurance when it cannot comply with the required level of insurance for particular buildings;
- enhance by-law enforcement and access to records in more complex layered arrangements of community titles schemes;
- enhance the code of conduct for body corporate managers and caretaking service contractors; and
- clarify and streamline body corporate administrative and procedural matters.
Quotes attributable to the Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D'Ath:
“We know that housing is a major issue and source of anxiety for many Queenslanders.
“That’s why we are proposing to strengthen our laws and give better protections for Queenslanders – whether they are buying a block of land ‘off the plan’ or living in an apartment.
“Recently there have been reports of developers invoking a ‘sunset clause’ to terminate an ‘off the plan’ contract, allegedly in order to re-list and sell for a much higher price, which has left buyers out of pocket and without a home.
“This Bill limits when property developers can invoke a ‘sunset clause’ to terminate ‘off the plan’ contracts for land to specific situations such as with the written consent of the buyer or under a Supreme Court order.
“A review will begin one to two years after the ‘sunset clause’ reforms on ‘off the plan’ contracts for land have begun and will consider whether these reforms go far enough or if protections are also needed for people buying proposed community titles and similar lots ‘off the plan’.
“We have decided on a staged approach as we recognise the pressures currently faced by property developers in terms of labour and materials, and costs for the construction of buildings.
“The laws must also evolve to meet the current and future needs of the growing number of Queenslanders who are choosing apartments and other communal based arrangements.
“Proposed reforms will allow bodies corporate to make by-laws prohibiting smoking in outdoor and communal areas of strata communities.
“I know this is a contentious issue and understand that people do not want to be told what they can and cannot do in their own homes.
“However, we must also consider the strong desire of many Queenslanders to live in a smoke-free environment.
“To be clear, the government is not implementing a blanket ban on smoking in strata communities but rather laws that provide a framework for schemes to determine what is right for their particular circumstances.
“Pets are an integral part of many of our lives and this legislation supports pet ownership.
“The amendments seek to balance everyone’s interests by allowing bodies corporate to refuse a pet application only under certain circumstances.
“The legislation also makes clear that the body corporate can apply conditions on pet owners to ensure the amenity of others is not negatively affected.”
Sourced from Key property reforms tackle sunset clauses, smoking and pets in units - Ministerial Media Statements
15th August 2023 - National Cabinet meeting and our industry 16th August 2023.Refer to RTRA Act review - Queensland tenancy law reform (realestateexcellence.com.au) 16th August 2023 for outcomes of the meeting.
Rental affordability and supply key priority. A new Property Management Excellence PME - Stacey Holt podcast. Listen here.
15th August 2023 - QCAT soon to be under review
Queensland Civil and Administrative Tribunal Act 2009 review
The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, the Honourable Shannon Fentiman recently approved the review of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) under section 240 of the QCAT Act and released the Terms of Reference for the review.
QCAT is an independent tribunal established under the QCAT Act in 2009. QCAT hears and determines disputes in a broad range of civil, administrative and disciplinary subject matters, with close to 30,000 applications lodged yearly across Queensland. For example, QCAT hears:
- guardianship and administration applications
- residential tenancy disputes
- minor debt and consumer claims
- fence and tree disputes
- retail shop lease and building disputes
- reviews of a range of government decisions, on application of an affected person
- discipline matters across a range of industries, vocations and professions.
The QCAT Act requires QCAT to deal with matters in a way that is accessible, fair, just, economical, informal and quick. The QCAT Act sets out a legislative framework and provisions to enable QCAT to fulfill its statutory functions. QCAT’s jurisdiction to hear matters is contained in the QCAT Act and also in other Acts of Parliament (enabling Acts). Over 180 enabling Acts confer jurisdiction on QCAT.
This is the second review of the QCAT Act as required under section 240 of the QCAT Act. Download the Review of the QCAT Act report (PDF) to find out more about the first review.
This second review is being undertaken by a review team within the Department of Justice and Attorney-General (DJAG), overseen by a government steering committee.
Terms of Reference
Section 240 of the QCAT Act sets out the objects of the review:
- deciding whether the objects of the QCAT Act remain valid
- deciding whether the QCAT Act is meeting its objects
- deciding whether the provisions of the QCAT Act are appropriate for meeting its objects
- investigating any specific issue recommended by the Minister or the QCAT President including, for example, whether any provision of an enabling Act affects the effective operation of the tribunal.
In response to current workload challenges facing QCAT, the review will give particular focus to procedural reform to the QCAT Act and enabling Acts to assist the effective operation of the tribunal.
In addition, the review will consider:
- whether the provisions relating to establishment and administration of the tribunal are appropriate to meet the needs of the tribunal including the current statutory decision maker categories, and whether the current maximum term of appointment for decision makers should be retained or increased
- whether—and if so, in what cases—the need to get leave to be legally represented should be retained
- the current appeal structure for QCAT decisions
- whether the current legislation creates hurdles to procedural efficiency, in particular, in minor civil disputes
- compatibility of the QCAT Act, and any recommendations for legislative reform, with the Human Rights Act 2019.
Other ideas for legislative reform within the scope of the Terms of Reference are welcomed.
Read the Terms of Reference.
Have your say
DJAG will soon release a consultation paper and call for submissions based on the Terms of Reference.
Contact
Please email the QCAT Act Review Team on This email address is being protected from spambots. You need JavaScript enabled to view it. if you would like to find out more about this review.
Sourced from and more Queensland Civil and Administrative Tribunal Act 2009 review | Department of Justice and Attorney-General
11th August 2023 - Video update and National Cabinet meeting as mentioned in video at link below
Watch the video here.
9th August 2023 - Prime Minister pushing plan to increase renters rights amid housing crisis
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