Recently, several pieces of legislation were passed by Parliament and have received Royal Assent but have not yet commenced.
The Society has enquired as to the current status of each of these pieces of legislation including commencement dates (awaiting Proclamation), the development of associated regulations, and any information resources that will be made available for the profession.
Updates received from CBOS:
Residential Building (Miscellaneous Consumer Protection Amendments) Act 2023
The Department of Justice through Consumer, Building and Occupational Services (CBOS) is preparing for the implementation of the Act and is in the process of preparing guidance and education materials, approved forms and is assessing what further Regulations and systems are required for full implementation of this legislation.
Home Warranty Insurance
The Tasmanian Government is pleased to deliver on its commitment to reintroduce Home Warranty Insurance to Tasmania through the passing of the Residential Building (Home Warranty Insurance Amendments) Bill 2023 through Parliament.
Home warranty insurance covers incomplete or defective building work in the event that the builder has died, disappeared or become insolvent. This is described as ‘last resort’ insurance, where all other avenues to recover for loss are unavailable.
The Department of Justice is working closely with the Department of Treasury and Finance and the Office of the Crown Solicitor to ensure the Home Warranty Insurance scheme is a fit for purpose product for the Tasmanian context. The Government will soon commence work on Regulations and stakeholders will be consulted at an appropriate time.
Retail Leases Act 2022
CBOS is in the process of preparing a number of proposed amendments for the consideration of the Minister for Workplace Safety and Consumer Affairs that we hope will address the majority of issues raised by the Law Society. The current Retail leases Code of Practice is in force until such time as it is repealed providing certainty for parties to a retail lease. Consideration of the content of the Retail Leases Regulations has already commenced. Once the Government agrees on how to proceed with the proposed amendments, the scope of the Regulations will be clearer.
CBOS has also commenced the drafting of various Determinations to be made under the Act including:
• Retail Leases Guide (guidance for parties);
• Disclosure Statements (forms);
• Landlord’s Disclosure Statement under s.23 (new lease or on renewal); and
• Tenant’s Disclosure Statement under s.24(3) (new lease or on renewal)
CBOS will consult with stakeholders including The Law Society on these documents and the draft regulations at the appropriate stage of their development. CBOS is appreciative of the strong engagement and interest of The Law Society and its members in ensuring this legislation is fit for purpose.
Consumer, Building and Occupational Services | Department of Justice
Francesca Beattie, Deputy Executive Director, Law Society of Tasmania