ACT Legal Presumptions for State of Mind in Consumer Law Proceedings

Justice and Community Safety Legislation Amendment Bill 2024 (No 2)

20 Feb 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Share this bill

Email Facebook X Bluesky

Topics

civil rights consumer protection corporate liability human rights rental market retirement villages tenancy disputes whistleblower protection

Introduced by: The Hon Tara Cheyne MLA (ALP) — Attorney-General, Minister , Minister for City and Government Services, Minister for Human Rights, Minister for the Night-Time Economy

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

A company is taken to have a specific state of mind if its representative had that state of mind while acting within their authority; this applies to proceedings under the Australian Consumer Law.
Individuals cannot be imprisoned for an offence if the conviction relied on them being the 'person' responsible for a representative's conduct.
People who honestly make complaints or give information to an official visitor are immune from civil or criminal liability; this also protects them from breaches of professional ethics or confidence.
Official visitors must keep information given to them secret; they are treated as officials subject to secrecy laws.
A person or company is held responsible for conduct carried out by their representative or someone acting on their behalf.
The Human Rights Commission can make any preliminary inquiries it needs to decide how to handle a complaint.
The Human Rights Commission must notify respondents in writing when it refers retirement village service matters or residential occupancy disputes to the ACAT.

The Debate

What different members said when this bill was debated:

Tara Cheyne ALP

“I move: That this bill be agreed to in principle. I am pleased to present this bill, an omnibus bill which makes minor and technical amendments to laws falling primarily within my portfolio as the Attorney-General. In short, the bill will promote better services for Canberrans and an improved regulatory framework for the ACT government and the community.”

Official source →