1: Title
This Act is the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022.
2: Commencement
1: This Act comes into force—
a: on 1 or more dates set by Order in Council; or
b: to the extent not brought into force earlier, on the second anniversary of the date of Royal assent.
2: One or more Orders in Council may set different dates for different provisions (and, for that purpose, may commence a provision only for the purpose of giving effect to some, but not other, parts of this Act).
3: Orders made under this section are secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1)(a) brought into force 9 December 2022 clause 2(1) Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022 Section 2(1)(a) brought into force 9 May 2023 clause 2(2) Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022 Commencement Order 2022
1: Amendments to Unit Titles Act 2010
3: Principal Act
This Part amends the Unit Titles Act 2010 2024-05-09 Unit Titles Act 2010 see section 2(1)(b); the provisions not earlier brought into force are currently sections 10(2), 17, 23, 24, 26, 29, 34 (re new s 157C), 35(4) & (5), 37–41, 42(1) OIC SL 2022/281 2022-12-09 Unit Titles Act 2010 Sections 12, 16, and 54(2) are brought into force on 9 December 2022 by SL 2022/281/2(1) OIC SL 2022/281 2023-05-09 Unit Titles Act 2010 All of Part 1 is brought into force on 9 May 2023, except for the provisions listed in SL 2022/281/2(2) (ie sections 10(2), 17, 23, 24, 26, 29, 34 (re new s 157C), 35(4) & (5), 37–41, 42(1))
4: Section 5 amended (Interpretation)
In section 5(1) body corporate manager section 114G large unit title development remediation report signage agreement
5: Section 39 amended (Utility interest (other than for future development units))
After section 39(2A)
2B: A utility interest assignment for the purposes of subsection (2A) may be—
a: a single uniform interest; or
b: a multiple set of interests,—
i: each targeted at a particular service or amenity; and
ii: which may be, for a specific interest targeted at a particular service or amenity, assigned to some units only.
6: Section 40 amended (Utility interest for future development unit)
After section 40(2A)
2B: A deemed utility interest assignment for the purposes of subsection (2A) may be—
a: a single uniform interest; or
b: a multiple set of interests,—
i: each targeted at a particular service or amenity; and
ii: which may be, for a specific interest targeted at a particular service or amenity, assigned to some units only.
7: Section 41 amended (Reassessment of ownership interest and utility interest)
1: In section 41(5A) interest interests
2: After section 41(5A)
5B: A reassessment of the utility interests made by a body corporate created before the commencement of the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act 2022
a: a single uniform interest; or
b: a multiple set of interests,—
i: each targeted at a particular service or amenity; and
ii: which may be, for a specific interest targeted at a particular service or amenity, assigned to some units only.
3: In section 41(6)
a: replace a utility interest is utility interests are
b: replace of the utility interest of the utility interests
8: Section 79 amended (Rights of owners of principal units)
In section 79(e) do not materially affect the use, enjoyment, or ownership interest of
9: Section 80 amended (Responsibilities of owners of principal units)
In section 80(1)(i) materially affect the use, enjoyment, or ownership interest of
10: Section 84 amended (Powers and duties of bodies corporate)
1: After section 84(1)(b)
ba: section 84A
2: After section 84(1)(p)
pa: section 202A
11: New section 84A inserted (Records to be kept)
After section 84
84A: Records to be kept
A body corporate must keep the records necessary to enable unit owners to comply with their obligations under sections 146 and 147 to provide disclosure statements containing the prescribed information.
12: Section 88 amended (Meetings)
Replace section 88(3) to (5)
3: Members of a body corporate may attend and vote at a general meeting (and members of a body corporate committee may attend and vote at a committee meeting) in person or by audio link, audiovisual link, or other remote access facility despite any limitation or condition on the use of an audio link, audiovisual link, or remote access facility that is contained in the body corporate operational rules.
4: A meeting conducted under this section must comply with any procedures or other matters prescribed in the regulations, including those relating to electronic voting.
13: Section 95 amended (Quorum)
1: Replace section 95(1)
1: A quorum for a general meeting of a body corporate is the number of persons attending in accordance with section 88(3)
a: who are entitled to exercise the voting power in respect of not less than 25% of the total number of principal units; and
b: who also satisfy the eligibility requirements to exercise that voting power (for example, have no outstanding levy amounts owing to the body corporate).
1A: However, if a body corporate comprises 2 or more members, a quorum must be at least 2 persons who satisfy the requirements of subsection (1).
2: After section 95(2), insert:
3: To avoid doubt, nothing in this section prevents those who are entitled but not eligible to vote from attending meetings and taking part in any discussions.
4: For entitlement to vote, see see
14: Section 99 amended (Request for poll)
1: In section 99(1) eligible voter voting eligible voter or their proxy who votes
2: Replace section 99(2)
2: The eligible voter or their proxy must request the poll in person at the meeting or by audio link, audiovisual link, or other remote access facility.
15: Section 101 amended (How matters at general meeting of body corporate decided)
Replace section 101(1) and (2)
1: A matter to be decided by a body corporate must be decided by ordinary resolution at a general meeting.
2: Subsection (1) applies unless—
a: the Act provides for the matter to be decided by the body corporate by special resolution; or
b: the body corporate committee exercises a delegated authority to decide the matter.
2A: A body corporate may decide matters within its functions and powers regardless of whether they have been delegated to the body corporate committee ( see also
16: Section 102 amended (Voting: proxies)
Replace section 102(1)
1: An eligible voter may exercise the right to vote—
a: by being present in person or by audio link, audiovisual link, or other remote access facility; or
b: by proxy.
17: New section 103A inserted (Voting: electronic)
After section 103
103A: Voting: electronic
1: An eligible voter may exercise the right to vote at a body corporate meeting by casting a vote electronically before or during a meeting.
2: An electronic vote must be cast in accordance with the regulations.
18: Section 108 amended (Delegation of duties and powers)
Replace section 108(2)
2: The body corporate must not delegate—
a: any of the powers or duties set out in—
i: subsection (1) (which is the general power of delegation):
ii: section 41 (which provides for the reassessment of ownership interests and utility interests):
iii: section 105(4) (which requires the body corporate to comply with the body corporate operational rules):
iv: section 136(4) (which relates to the application of insurance moneys in or towards reinstatement of the development); and
b: a matter if the Act provides for the matter to be decided by the body corporate by special resolution.
19: Section 112 amended (Establishment of body corporate committee)
1: In section 112(2) a unit title development of 10 or more principal units a large unit title development
2: After section 112(2)
3: A body corporate committee (if the body corporate decides to form one) must be formed and conduct its business in accordance with this Act and the regulations.
20: New section 112A inserted (Chairperson of body corporate committee)
After section 112
112A: Chairperson of body corporate committee
1: The chairperson of a body corporate is—
a: a member of its body corporate committee; and
b: the chairperson of the body corporate committee.
2: Subsection (1)(b) applies unless, at its annual general meeting, the body corporate decides by ordinary resolution that the chairperson of the committee should instead be a person that is elected to the committee (by the process prescribed in the regulations).
21: Section 113 replaced (Decision-making of body corporate committee)
Replace section 113
113: Decision-making of body corporate committee
1: A body corporate committee must produce an agenda for each body corporate committee meeting.
2: A body corporate committee must keep written records of its meetings.
3: Matters must be decided by a simple majority of votes and each resolution must be recorded and included in the written records for the meeting.
4: The committee must promptly report to the body corporate on the meetings it holds in the manner prescribed in the regulations.
22: New sections 114A to 114J inserted
After section 114
114A: Body corporate committee to comply with code of conduct
The members of a body corporate committee must comply with the code of conduct for committee members prescribed in the regulations.
114B: Conflicts of interest of members of body corporate committee
The members of a body corporate committee must comply with the conflict of interest rules contained in sections 114C to 114F
114C: Duty to disclose conflicts of interest
1: A member of a body corporate committee who is interested in a matter must disclose details of the nature and extent of the interest (including any monetary value of the interest, if it can be quantified)—
a: to the committee; and
b: in an interests register kept by the committee ( see section 114F
2: Disclosure under subsection (1) must be made as soon as practicable after the member becomes aware of being interested in the matter.
3: A person is interested
a: may derive a financial benefit from the matter; or
b: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
c: may have a financial interest in a person to whom the matter relates; or
d: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
e: may be interested in the matter because the body corporate’s operational rules say so.
4: However, a person is not interested in a matter—
a: merely because they receive an indemnity, insurance cover, remuneration, or other benefit authorised by the body corporate; or
b: if the interest is due to their membership of the body corporate and it is the same or substantially the same as the interest of all or most other members of the body corporate; or
c: if their interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the person in carrying out their responsibilities under this Act, the regulations, or the body corporate’s operational rules.
5: In this section and sections 114D to 114F matter
a: the body corporate committee’s performance of its functions or exercise of its powers; and
b: an arrangement, agreement, or contract (a transaction
114D: Consequences of being interested in matter
1: A member who is interested in a matter—
a: must not vote or take part in any decision of the body corporate committee that relates to the matter; and
b: must not sign any document relating to the entry into a transaction or the initiation of the matter; but
c: may take part in any committee discussion relating to the matter and be present at the time the decision of the committee is made (unless the committee decides otherwise).
2: A member who is prohibited from voting under subsection (1) may still be counted for the purpose of determining whether there is a quorum at any meeting at which the matter is considered, with 1 exception, as set out in subsection (3).
3: If 50% or more of the members of the committee are prohibited from voting under subsection (1), an extraordinary general meeting of the body corporate must be called to consider and determine the matter.
114E: Consequences of failure to disclose interest
1: A body corporate committee must notify the members of the body corporate of a failure to comply with section 114C or 114D
2: A failure to comply with section 114C or 114D
3: Subsection (2) does not affect any right a person may have to make an application under this Act in relation to the decision on the matter.
114F: Interests register
1: The body corporate committee must keep a register of disclosures made by committee members under section 114C interests register
2: The interests register must be available for inspection by the members of the committee.
3: The operational rules of the body corporate may provide for whether (and, if so, the extent to which) the interests register is to be made available for inspection by other members of the body corporate or any other person. Body corporate managers
114G: Definition of body corporate manager
1: In this Act, body corporate manager
2: The services are as follows:
a: record-keeping and other administrative services:
b: financial services, including the handling of money belonging to the body corporate or members of the body corporate:
c: regulatory compliance services, including—
i: the making or preparing of statutory disclosures; and
ii: regulatory compliance services performed on behalf of the body corporate (including the body corporate committee and the body corporate chairperson).
114H: Functions and duties of body corporate manager
1: A body corporate manager must exercise or perform the functions and duties—
a: that the body corporate may lawfully authorise the body corporate manager to exercise or perform; and
b: that are specified in a written agreement setting out the manager’s terms of employment/engagement.
2: The agreement must also provide for any matter prescribed by the regulations.
3: Subsection (4) applies if a body corporate intends to employ or engage a body corporate manager that is the owner of a principal unit within the unit title development.
4: The person or a proxy for the person is not entitled to vote on any resolution relating to the person’s employment or engagement as the manager.
114I: Conflicts of interest of body corporate managers
1: A body corporate manager must, as soon as practicable after becoming aware of any conflict of interest, disclose it to the body corporate committee or, if there is no committee, to the body corporate chairperson, and the body corporate must decide whether, and on what terms, the manager may continue to act in the matter concerned.
2: To avoid doubt, if a person is engaged as a body corporate manager by more than 1 body corporate,—
a: the manager must act independently in relation to each body corporate; and
b: all matters for which the manager is responsible in relation to each body corporate must be independently satisfied; and
c: the manager must not intermix the funds, records, or any other things of any of the body corporates with those of 1 or more of the other body corporates.
3: For the purposes of determining whether there is a conflict of interest in relation to a matter, section 114C(3) to (5)
a: as if a reference to a body corporate committee were a reference to a body corporate manager; and
b: with any other necessary modifications.
4: The body corporate committee or the chairperson of a body corporate must keep a separate register of disclosures made by its body corporate managers (an interests register
5: The register must be available for inspection—
a: by members of the body corporate committee (if any); and
b: if the operational rules of the body corporate allow, by any other members of the body corporate or any other person to the extent that the rules provide.
114J: Body corporate manager to comply with code of conduct
A body corporate manager must comply with the code of conduct for body corporate managers prescribed in the regulations.
23: Section 117 amended (Long-term maintenance fund)
After section 117(1)
1A: The body corporate may determine the level of funding to be held in the fund.
1B: If a body corporate has decided not to establish a fund, the body corporate—
a: must review the decision annually; and
b: may, by special resolution, decide to establish a fund.
24: Section 124 amended (Recovery of levy)
After section 124(2)
3: The recovery of reasonable costs under subsection (2) that are legal costs as defined in section 176A(2) section 176A(1)
25: Section 125 amended (Recovery of metered charges)
1: In section 125(1) principal unit or accessory unit
2: In section 125(2) principal unit or the accessory unit
3: In section 125(3) principal unit owner or the accessory unit owner
26: Section 133 repealed (Special powers of chief executive for monitoring and reporting on long-term financial and maintenance planning regime)
Repeal section 133
27: Section 139 replaced (Original owner’s obligation in relation to service contracts)
Replace section 139
139: Original owner’s obligation in relation to service contracts and signage agreements
1: This section applies if a body corporate enters into a service contract or a signage agreement for the unit title development before the date on which the control period ends.
2: The original owner and any associate of the original owner who is a member of the body corporate during the control period must exercise reasonable skill, care, and diligence and act in the best interests of the body corporate, as constituted after the date on which the control period ends, in ensuring that—
a: the terms of the contract or agreement achieve a fair and reasonable balance between the interests of the other party to the contract or agreement and the body corporate as constituted after the date on which the control period ends; and
b: the terms are appropriate for the unit title development; and
c: in respect of a service contract, the powers able to be exercised, and functions required to be performed, by the service contractor—
i: are appropriate for the unit title development; and
ii: do not adversely affect the body corporate’s ability to carry out its functions.
3: Despite subsection (2), the body corporate must not enter into a service contract or a signage agreement that has effect for longer than 24 months after the date on which the control period ends, unless the contract or agreement also includes—
a: a term—
i: providing for the contract or agreement to be varied after the control period ends by agreement of the parties; and
ii: including a right for either party to cancel the contract or agreement, without penalty, if agreement on a variation cannot be reached; and
b: a term providing that any rights of renewal under the contract or agreement exercisable after the control period ends are exercisable only if the body corporate agrees (by ordinary resolution) to each renewal as it arises.
28: Section 140 amended (Compensation for, or termination of, service contracts)
1: In the heading to section 140 service contracts or signage agreements
2: In section 140(1) service contract or signage agreement
3: In section 140(5)
a: after service contract or signage agreement
b: after the contract or agreement
29: Section 141 amended (Appointment of administrator)
1: In section 141(1) a creditor of the body corporate, the chief executive,
2: In section 141(2) layered development layered unit title development
30: Section 146 amended (Pre-contract disclosure to prospective buyer)
Replace section 146(2)
2: The pre-contract disclosure statement must contain the prescribed information (to the extent that it is capable of being provided in relation to the unit and the development concerned).
3: If the seller does not comply with subsections (1) and (2), the settlement date agreed to in a subsequent agreement for sale and purchase may be delayed in accordance with section 149 section 149A
31: Section 148 repealed (Buyer may request additional disclosure)
Repeal section 148
32: Section 149 replaced (Buyer may delay settlement if disclosure late or not made)
Replace section 149
149: Buyer may delay settlement if pre-contract disclosure late, incomplete, inaccurate, or not made at all
1: Subsection (2) applies if the seller has not provided a complete and accurate pre-contract disclosure statement to the buyer on a date that is earlier than 5 working days before the settlement date.
2: The buyer may, by notice in writing given on or before the settlement date, delay the settlement date,—
a: if the seller has provided a complete and accurate pre-contract disclosure statement on a date that is later than 5 working days before the settlement date, until the fifth working day after the date on which the pre-contract disclosure statement was provided; and
b: if the seller has provided an incomplete or inaccurate pre-contract disclosure statement or has not provided a pre-contract disclosure statement at all, until the fifth working day after the date on which the seller provides a complete and accurate pre-contract disclosure statement.
3: A buyer who delays the settlement date by giving notice under subsection (2)(b) may, by notice in writing, further delay the settlement date until the fifth working day after the seller provides a complete and accurate statement if—
a: the seller provides a further incomplete or inaccurate pre-contract disclosure statement; or
b: the seller does not provide a complete and accurate pre-contract disclosure statement within 5 working days after the date on which notice was given under subsection (2)(b).
4: The buyer must give notice of further delay,—
a: if subsection (3)(a) applies, within 5 working days of the seller providing the further incomplete or inaccurate pre-contract disclosure statement; or
b: if subsection (3)(b) applies, within 5 working days of the expiry of the period set out in that paragraph.
5: If a buyer gives notice of further delay under subsection (3) and the seller fails to provide the buyer with a complete and accurate pre-contract disclosure statement within 5 working days of the date of that notice, the buyer must, unless the buyer and seller agree otherwise,—
a: cancel the agreement for sale and purchase under section 149A
b: proceed with the agreement for sale and purchase, with settlement—
i: on the date that is 5 working days from the date on which the buyer advises the seller of the election to proceed; or
ii: on a date agreed by the buyer and seller.
149A: Buyer may cancel agreement for sale and purchase if pre-contract disclosure late, incomplete, inaccurate, or not made at all
1: The buyer may cancel the agreement for sale and purchase under this section if—
a: the seller—
i: has not provided a pre-contract disclosure statement to the buyer in accordance with section 146; or
ii: subject to subsection (2), has provided to the buyer a pre-contract disclosure statement that is incomplete or inaccurate; and
b: the buyer does not delay settlement under section 149
2: The buyer may not cancel an agreement for sale and purchase for provision of an incomplete or inaccurate pre-contract disclosure statement before the agreement was entered into if—
a: the disclosure is incomplete or inaccurate but—
i: this was noted by the seller in the disclosure statement by reference to the specific information not provided or the manner in which it was inaccurate; and
ii: the seller confirmed in the pre-contract disclosure statement that the reason for the incomplete disclosure or inaccuracy was that the information (or document containing the information) required to complete or correct the pre-contract disclosure statement did not exist or, despite reasonable efforts, could not be found; or
b: the incomplete or inaccurate information contained in the pre-contract disclosure statement would not have had the effect of—
i: substantially reducing the benefit to the buyer under the agreement for sale and purchase or as a unit owner; or
ii: substantially increasing the burden of the buyer under the agreement for sale and purchase or as a unit owner; or
iii: in relation to the buyer, making the benefit or burden of the agreement for sale and purchase substantially different from that represented or contracted for; or
c: the seller provides the missing information or corrects the inaccuracy in the pre-contract disclosure statement before the buyer gives notice to cancel the contract.
3: Before cancelling an agreement for sale and purchase under this section,—
a: the buyer must, on or before the settlement date, give the seller notice in writing that they intend to cancel the agreement; and
b: the seller has 10 working days from the date the notice under paragraph (a) is given to provide a complete and accurate pre-contract disclosure statement.
4: Whether or not the seller has provided a complete and accurate pre-contract disclosure statement, the buyer must, within 5 working days of the expiry of the period provided by subsection (3)(b),—
a: cancel the agreement for sale and purchase by notice in writing; or
b: proceed with the agreement for sale and purchase, with settlement—
i: on the date that is 5 working days from the date on which the buyer advises the seller of the election to proceed; or
ii: on a date agreed by the buyer and seller.
33: Section 151 replaced (Cancellation by buyer)
Replace section 151
151: Buyer may delay settlement if pre-settlement disclosure late, incomplete, inaccurate, or not made at all
1: Subsection (2) applies if the seller provides a pre-settlement disclosure statement to the buyer on a date that is later than 5 working days before the settlement date but prior to the settlement date.
2: The buyer may, by notice in writing given on or before the settlement date, delay the settlement date until the fifth working day after the date on which the pre-settlement disclosure statement was provided.
3: Subsection (4) applies if, at the close of business on the last working day before the settlement date, the seller has provided an incomplete or inaccurate pre-settlement disclosure statement or has not provided a pre-settlement disclosure statement at all.
4: The buyer may, by notice in writing given on or before the settlement date, delay the settlement date until the fifth working day after the date on which the seller provides a complete and accurate pre-settlement disclosure statement.
151A: Buyer may cancel agreement for sale and purchase if pre-settlement disclosure late, incomplete, inaccurate, or not made at all
1: The buyer may cancel the agreement for sale and purchase under this section if—
a: the seller has not provided a complete and accurate pre-settlement disclosure statement within the time required in section 147; and
b: the buyer chooses not to delay settlement under section 151
2: Before cancelling an agreement for sale and purchase under this section,—
a: the buyer must, on or before the settlement date, give the seller notice in writing that they intend to cancel the agreement; and
b: the seller has 10 working days from the notice under paragraph (a) being given to fully comply with the seller’s obligations under section 147(3).
3: If the seller has not fully complied with its obligations under section 147(3) at the end of the period provided in subsection (2)(b), the buyer must, within 5 working days of the expiry of the period,—
a: cancel the agreement for sale and purchase by notice in writing; or
b: proceed with the agreement for sale and purchase, with settlement—
i: on the date that is 5 working days from the date on which the buyer advises the seller of the election to proceed; or
ii: on a date agreed by the buyer and seller.
4: If the seller has fully complied with their obligations under section 147(3) at the end of the period provided in subsection (2)(b), the buyer may not cancel the agreement for sale and purchase under this section.
34: New Part 2A inserted
After Part 2
2A: Special provisions for large unit title developments
157A: Application of this Part
1: This Part applies to a large unit title development.
2: If there is an inconsistency between a provision in this Part and a provision in the rest of the Act (or any regulations made under the Act), the provision in this Part prevails, but only to the extent of the inconsistency.
3: To avoid doubt, except to the extent expressly provided in this Part or as set out in subsection (2), unit title developments to which this Part applies must also comply with all the relevant provisions of the rest of this Act and the regulations.
157B: Employment or engagement of body corporate manager or managers
The body corporate of a large unit title development must employ or engage 1 or more body corporate managers, unless the body corporate, by special resolution, decides not to do so.
157C: Additional requirements regarding long-term maintenance plans
1: The body corporate of a large unit title development must comply with all the requirements of this section.
2: The long-term maintenance plan for the body corporate must—
a: cover a period of at least 30 years from the date of the plan or the last review of the plan; and
b: comply with the requirements and include the matters prescribed by regulations.
3: Regulations may prescribe different requirements and matters to be included in a long-term maintenance plan for different parts of the period described in subsection (2)(a).
4: The long-term maintenance plan for the body corporate must be reviewed in accordance with this section every 3 years.
5: However, if the body corporate becomes aware of any matter that may have a material impact on the long-term maintenance plan, it must review the plan in accordance with this section as soon as practicable (and the date on which the review is conducted becomes the start date from which the next review cycle is calculated).
6: The body corporate must, unless it decides by special resolution not to do so, consult with the building professional or professionals, or other suitably qualified professional or professionals, it considers necessary or appropriate—
a: when it develops the long-term maintenance plan; and
b: when it reviews the plan.
35: Section 171 amended (Jurisdiction of Tenancy Tribunals)
1: After section 171(1)
1AA: To avoid doubt, the Limitation Act 2010 applies to any unit title dispute heard by the Tribunal.
2: After section 171(2)(d)
da: a body corporate manager:
3: After section 171(2)(h)
ha: a party to a signage agreement:
4: After section 171(3A)(b)
ba: make orders for a person to pay a pecuniary penalty under sections 176B to 176E
5: After section 171(3A)(c)
d: determine objections to improvement notices under section 176J
6: In section 171(4)(a) $50,000 $100,000
7: In section 171(7) $50,000 $100,000
8: In section 171(8) $50,000 $100,000
36: Section 172 amended (Jurisdiction of District Court)
In section 172(1) $50,000 $100,000
37: Section 176 amended (Certain provisions of Residential Tenancies Act 1986 to apply)
After section 176(1)
1A: For the purposes of subsection (1), reasonable costs referred to in section 102(3)(b) of the Residential Tenancies Act 1986 that are legal costs must be determined in accordance with regulations made under section 176A
38: New sections 176A to 176E inserted
After section 176
176A: Principles and rules for determination of reasonable legal costs
1: The Governor-General may, by Order in Council, make regulations prescribing principles and rules for the determination of reasonable costs that are legal costs for the purpose of section 102(3)(b) of the Residential Tenancies Act 1986, as applied to unit title disputes by section 176 of this Act.
2: In this section and in section 176,— disbursement
a: means an expense paid or incurred for the purposes of a proceeding that would ordinarily be charged for separately from legal professional services in a solicitor’s bill of costs; and
b: includes—
i: fees of the Tribunal for the proceeding:
ii: expenses of serving documents for the purposes of the proceeding:
iii: expenses of photocopying documents required by a direction of the Tribunal:
iv: expenses of conducting a conference by telephone or video link; but
c: does not include counsel’s fees legal costs
3: Regulations made under this section are secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
176B: Tribunal may make pecuniary penalty orders
1: The Tribunal may, on the application of the chief executive, order a body corporate manager to pay to the Crown the pecuniary penalty that the Tribunal determines to be appropriate if the Tribunal is satisfied that—
a: the body corporate manager has intentionally and without reasonable excuse breached their duty—
i: under section 114I(1)
ii: under section 114I(2)
b: the breach of duty has materially and negatively impacted on 1 or more individual unit owners or the body corporate as a whole.
2: The Tribunal may, on the application of the chief executive, order a body corporate or a body corporate manager to pay to the Crown the pecuniary penalty that the Tribunal determines to be appropriate if the Tribunal is satisfied that the body corporate, the body corporate manager, or both have intentionally and without reasonable excuse—
a: failed to comply with the requirement to produce documents under section 202A(3)
b: obstructed or hindered an authorised person in exercising the power of entry to a unit title development under section 202B(1)(b)
c: failed to comply with an improvement notice issued under section 176F
3: The chief executive may not make an application under subsection (1) or (2) later than 12 months from the date on which the chief executive first became aware of the breach of this Act. 1986 No 120 s 109B
176C: Maximum amount of pecuniary penalty
The maximum amount of pecuniary penalty for a breach of this Act is,—
a: for a breach referred to in section 176B(1)
b: for a breach referred to in section 176B(2)(a)
c: for a breach referred to in section 176B(2)(b) or (c) 1986 No 120 s 109C
176D: Considerations for Tribunal in determining pecuniary penalty
In determining an appropriate pecuniary penalty, the Tribunal must have regard to all relevant matters, including—
a: the nature and extent of the breach of this Act; and
b: the nature and extent of any loss or damage suffered as a result of the breach; and
c: any gains made or losses avoided by the body corporate or the body corporate manager as a result of the breach; and
d: the circumstances in which the breach took place. 1986 No 120 s 109D
176E: Only 1 pecuniary penalty order may be made for same conduct
1: If conduct by a body corporate constitutes a breach of 2 or more provisions of this Act, proceedings may be brought against that body corporate for the conduct under any 1 or more of the provisions, but no body corporate is liable to more than 1 pecuniary penalty order for the same conduct.
2: If conduct by a body corporate manager constitutes a breach of 2 or more provisions of this Act, proceedings may be brought against that body corporate manager for the conduct under any 1 or more of the provisions, but no body corporate manager is liable to more than 1 pecuniary penalty order for the same conduct. 1986 No 120 s 109E
39: New subpart 1A of Part 4 inserted
In Part 4
1A: Improvement notices
176F: Power to issue improvement notices
1: This section applies if the chief executive reasonably believes that a person—
a: is contravening a provision of this Act or of regulations made under this Act; or
b: is likely to contravene a provision of this Act or of regulations made under this Act.
2: The chief executive may issue an improvement notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention. 1986 No 120 s 126H
176G: Content of improvement notices
1: An improvement notice must state—
a: that the chief executive believes the person—
i: is contravening a provision of this Act or of regulations made under this Act; or
ii: is likely to contravene a provision of this Act or of regulations made under this Act; and
b: the provision the chief executive believes is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: a reasonable period within which the person is required to remedy—
i: the contravention or likely contravention; or
ii: the things or activities causing the contravention or likely to cause a contravention.
2: An improvement notice may include recommendations concerning—
a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 1986 No 120 s 126I
176H: Extension of time for compliance with improvement notices
1: This section applies if a person has been issued with an improvement notice.
2: The chief executive may, by written notice given to the person, extend the compliance period for the improvement notice.
3: However, the chief executive may extend the compliance period only if the period has not ended.
4: In this section, compliance period
a: means the period stated in the improvement notice under section 176G(1)(d)
b: includes any extension of that period under this section. 1986 No 120 s 126K
176I: Chief executive may withdraw improvement notice
1: The chief executive may withdraw an improvement notice.
2: The withdrawal of an improvement notice does not prevent another improvement notice from being served in relation to the same matter. 1986 No 120 s 126L
176J: Objection to improvement notice
1: A person who has been issued with an improvement notice may file an objection with the Tribunal.
2: An objection must be filed with the Tribunal within 28 days after the date on which the improvement notice was served on the person.
3: In determining the objection, the Tribunal must consider—
a: whether the person has failed, or is likely to fail, to comply with the specified provision of this Act or of regulations made under this Act; and
b: the nature and extent of the failure or likely failure to comply with the provision; and
c: the nature and extent of any loss suffered by any other person specified in section 171(2) in respect of the unit title development to which the failure or likely failure to comply relates.
4: The Tribunal may confirm, vary, or rescind the improvement notice as the Tribunal thinks fit. 1986 No 120 s 126M
40: Section 202 amended (General functions and powers of chief executive)
After section 202(1)(c)
ca: the monitoring and assessing of compliance by bodies corporate and body corporate managers with this Act: 1986 No 120 s 123(1)(cb)
41: New sections 202A to 202F inserted
After section 202
202A: Documents to be retained by body corporate and body corporate manager and produced to chief executive if required
1: A body corporate and a body corporate manager must retain any prescribed documents (or copies of them) for at least 3 years.
2: The chief executive may, by notice in writing, require a body corporate or body corporate manager to produce to the chief executive any prescribed document, or class of prescribed documents, that—
a: the body corporate or body corporate manager is required to retain under subsection (1); and
b: the chief executive reasonably requires for the purposes of the chief executive’s functions or powers under this Act.
3: A body corporate or body corporate manager who receives a notice under subsection (2) must, within 10 working days after receiving the notice, produce the documents to the chief executive in the way specified in the notice.
4: Subsection (3) does not apply to a document or part of a document that is protected by legal professional privilege.
5: If a document is produced to the chief executive, the chief executive may—
a: inspect and make records of the document; and
b: take copies of the document or extracts from it. 1986 No 120 ss 123A, 123C
202B: Power of entry to inspect unit title development
1: An authorised person may, at any reasonable time, enter a unit title development to inspect it—
a: with the consent of the body corporate given in accordance with section 202C
b: if—
i: the inspection is authorised by an order of the Tribunal under section 202D
ii: the authorised person gives the body corporate at least 24 hours’ written notice of their intention to enter the unit title development.
2: The power of entry does not authorise the authorised person to enter any principal unit without the consent of the occupier of that unit given in accordance with section 202C
3: A notice under subsection (1)(b)(ii) must—
a: state that it is given under this section; and
b: state the address of the unit title development to which it relates; and
c: state the time at which, and the date on which, the authorised person proposes to inspect the unit title development; and
d: include a copy, sealed with the Tribunal’s seal, of the Tribunal’s order under section 202D
4: The authorised person’s power to inspect includes the power to do any of the following:
a: to bring into, and operate at, the unit title development any equipment (and to use electricity from the electricity supply at the unit title development for the purpose of operating the equipment):
b: to take or make photographs, sound or video recordings, measurements, or drawings:
c: to take samples of things for analysis:
d: to test things.
5: The body corporate must provide the authorised person with all assistance that the authorised person reasonably requests from the body corporate in relation to the inspection, including (for example) assistance reasonably requested for the purpose of enabling the authorised person to enter the unit title development or to access any part of the unit title development (excluding a principal unit).
6: A person authorised by the body corporate may accompany the authorised person while the authorised person is inspecting the unit title development.
7: An authorised person who enters any unit title development under this section must,—
a: on initial entry, produce evidence of the authorised person’s identity; and
b: while subsequently at the unit title development, produce that evidence to any person who reasonably requests to see it.
8: Sections 166 and 167 of the Search and Surveillance Act 2012 apply (with any necessary modifications) in relation to the powers of an authorised person under this section.
9: In this section and in section 202C authorised person 1986 No 120 s 123D
202C: Inspection by consent
1: An authorised person may, for the purpose of investigating whether a breach of this Act has occurred, ask—
a: a body corporate to consent to an inspection being made of its unit title development (excluding a principal unit or an accessory unit); or
b: a unit title occupier to consent to an inspection being made of their principal unit or their accessory unit.
2: Before conducting an inspection by consent, the authorised person who proposes to conduct it must—
a: determine that the inspection is for the purpose authorised by subsection (1); and
b: advise in writing the person from whom consent is sought—
i: of the reason for the proposed inspection; and
ii: that they may either consent to the inspection or refuse to consent to the inspection. 2012 No 24 ss 92(c), 93
202D: Tribunal may authorise inspection
1: The chief executive may, in relation to a unit title development, apply to the Tribunal for an order authorising an inspection under section 202B
2: The Tribunal may make an order authorising the inspection if it is satisfied that the chief executive has reasonable grounds for believing—
a: that there has been a breach of this Act in relation to unit title development; and
b: that the inspection is reasonably necessary for the purposes of the chief executive’s functions or powers under this Act in relation to the breach.
3: The Tribunal’s authorisation under subsection (2) may be given subject to conditions, which must be set out in the order. 1986 No 120 s 123E
202E: Chief executive may take proceedings in place of specified person
1: The chief executive may, if satisfied that it is in the public interest to do so on any of the grounds listed in subsection (2), do any of the following in relation to 1 or more unit title developments:
a: initiate any proceedings in the Tribunal or a court that could be brought by a person specified in section 171(2) (a specified person
b: defend any proceedings in the Tribunal or a court that are brought against a specified person:
c: assume the conduct of any proceedings in the Tribunal or a court brought by or against a specified person:
d: take any steps that are necessary to enforce or protect the rights of the specified person under this Act in relation to any infringement or suspected infringement of any of those rights.
2: The grounds referred to in subsection (1) are as follows:
a: in the chief executive’s opinion, there are allegations of conduct that is likely to cause or have caused a significant risk to the health or safety of any person:
b: in the chief executive’s opinion, a person has committed a serious breach of this Act, or has persistently breached this Act:
c: in the chief executive’s opinion, actions of a person risk undermining public confidence in the administration of this Act.
3: The chief executive must not exercise the powers conferred by subsection (1) unless the written consent of the specified person concerned has first been obtained, which, once given, may be revoked only with the written consent of the chief executive. 1986 No 120 s 124A
202F: Supplementary provision to section 202E
1: The chief executive may not initiate any proceedings under section 202E(1)
2: If the chief executive acts in the place of a person ( A section 202E(1)
a: the chief executive has the same rights and remedies as A, including the right to settle the proceedings:
b: the chief executive may do anything in relation to the proceedings that A could do and, as between the chief executive and A, has control of the proceedings:
c: if the proceedings have already commenced, the Tribunal or court must substitute the chief executive for A as a party to the proceedings:
d: the Tribunal must, on the chief executive’s application, order that any other claim by or against A be dealt with in separate proceedings brought by the claimant against A (and not against the chief executive):
e: any order or judgment may be enforced by the chief executive as if the chief executive were A:
f: any money (excluding costs) recovered by the chief executive must, without any deduction, be paid by the chief executive to A:
g: A must reasonably co-operate with the chief executive.
3: The chief executive may, if acting under section 202E
4: If a person is the body corporate manager of 2 or more unit title developments and the chief executive acts under section 202E
5: Any certificate given by the chief executive relating to the chief executive’s powers under section 202E 1986 No 120 s 124B
42: Section 217 amended (Regulations)
1: After section 217(1)(e)
ea: specifying the documents or classes of documents to be retained by a body corporate or body corporate manager for the purposes of section 202A
2: In section 217(1)(f) committee , including in relation to meeting requirements and procedures for participation by remote access
3: After section 217(1)(f)
fa: specifying matters associated with the functions and duties that a body corporate manager may perform or exercise, including any terms that must be included in a manager’s terms of employment or engagement:
4: In section 217(1)(h) relating to voting , including in relation to electronic voting
5: In section 217(1)(n) this Act , including in relation to the settling of disputes
6: After section 217(1)(p)
pa: prescribing codes of conduct for—
i: body corporate committee members; and
ii: body corporate managers:
43: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 1
b: make any necessary consequential amendments.
2: Amendments related to Part 1
1: Consequential amendments to Unit Titles Act 2010
44: Amendments to Unit Titles Act 2010
This subpart consequentially amends the Unit Titles Act 2010 OIC 2022/281 2023-05-09 Unit Titles Act 2010 See section 2(2); brought into force on 9 May 2023 by SL 2022/281/2(2)
45: Section 4 amended (Overview)
After section 4(1)(f) Special provisions for large unit title developments
fa: Part 2A
46: Section 134 amended (Insurance)
In section 134(4)(b) layered title development layered unit title development
47: Section 150 amended (Seller must rectify inaccuracies in disclosure statement)
1: In section 150(1) any of sections 146, 147, and 148 section 146 or 147
2: In section 150(3) postpone delay
48: Schedule 2 amended
1: In Schedule 2
1: A quorum for a general meeting of a body corporate is the number of timeshare owners attending in accordance with section 88(3)
2: However, in the case of a timeshare resort comprising both timeshare units and non-timeshare units, a quorum for a general meeting of the body corporate is—
a: the number of non-timeshare owners attending in accordance with section 88(3)
b: the number of persons attending in accordance with section 88(3)
2: In Schedule 2 non-timeshare unit or their proxy
2: Amendments to Unit Titles Regulations 2011
49: Amendments to Unit Titles Regulations 2011
This subpart amends the Unit Titles Regulations 2011 Part 1 OIC 2022/281 2022-12-09 Unit Titles Regulations 2011 Section 54(2) brought into force on 9 December 2022; see SL 2022/281/2(1) OIC 2022/281 2023-05-09 Unit Titles Regulations 2011 The rest of Part 2 subpart 2 is brought into force on 9 May 2023, except sections 57 (re new r 28C), 58, 59 2024-05-09 Unit Titles Regulations 2011 see section 2(1)(b); the provisions not earlier brought into force are currently sections 57 (re new r 28C), 58, 59
50: Regulation 6 amended (Notice of annual general meeting)
After regulation 6(5)(c)
ca: a copy of the body corporate committee interests register; and
51: Regulation 10 amended (Election of chairperson)
1: After regulation 10(2)(a)
ab: at the time nominations are required by regulation 5(4)(f) or 7(4)(e) to be received, have no overdue body corporate levies or other amounts payable and owing to the body corporate; and
2: After regulation 10(2)
2A: Despite subclause (2), a candidate for election as chairperson may nominate themself—
a: during the control period; and
b: at any time that all the principal units in the unit title development are owned by the candidate.
52: Regulation 24 amended (Election of body corporate committee)
1: In regulation 24(1)(a)
a: after how many elected
b: after have and the total
2: In regulation 24(1)(b) elect the elected
3: Replace regulation 24(3)
3: A candidate for election as a committee member must—
a: be the owner of a principal unit in the unit title development; and
b: at the time nominations are required by regulation 5(4)(f) or 7(4)(e) to be received, have no overdue body corporate levies or other amounts payable and owing to the body corporate.
3A: A candidate for election who is nominated by another unit owner must consent to the nomination.
4: In regulation 24(4) must nominate a director may nominate a director of the candidate, or an employee or class of employee authorised by the directors of the candidate,
5: Replace regulation 24(5) and (6)
5: A candidate for election as a committee member may—
a: be nominated by another unit owner in the unit title development; or
b: nominate themself.
6: After regulation 24(8)
9: See section 112A
53: Regulation 26 amended (Body corporate committee chairperson)
Before regulation 26(1)
1AA: This regulation applies only if a body corporate has decided (in accordance with section 112A
54: Regulation 27 amended (Body corporate committee business)
1: In regulation 27(2) considers necessary (so long as it has a quorum)
2: After regulation 27(2)
2A: A meeting may be conducted by audio link, audiovisual link, or other remote access facility.
3: After regulation 27(3)
3A: A committee member who, at a committee meeting, does not satisfy the eligibility requirements to exercise a vote as if the meeting were a general meeting of the body corporate (for example, because the member has outstanding levy amounts owing to the body corporate)—
a: must not be counted when determining whether there is a quorum for the meeting; and
b: must not vote on any resolution put at the meeting; but
c: may remain at the meeting and take part in any discussions.
4: Revoke regulation 27(4) and (5)
5: After regulation 27(5)
6: See See
55: New regulation 27A inserted (Body corporate committee minutes)
After regulation 27
27A: Body corporate committee minutes
1: A body corporate committee must provide copies of the minutes of its meetings to all unit owners promptly, but no later than 1 month after the meeting date.
2: Information in the minutes may be redacted from the copies provided to unit owners if—
a: disclosing the information would be a breach of the Privacy Act 2020 or any other enactment; or
b: the information is subject to legal professional privilege; or
c: confidentiality of the information must be protected on grounds of commercial sensitivity.
3: The copies of the minutes may be provided to unit owners electronically, including through an online portal.
4: A unit owner may request the body corporate committee to provide a physical copy of the minutes.
5: If a unit owner requests a physical copy of the minutes, the body corporate committee must provide the copy within a reasonable time.
56: Regulation 28 amended (Body corporate committee reports)
1: In regulation 28(3)(a) during the period covered by the report
2: Replace regulation 28(3)(b)
b: an account of how those duties have been performed or those powers have been exercised by the committee.
57: New regulations 28A to 28C and cross-heading inserted
After regulation 28
28A: Body corporate committee code of conduct
The code of conduct set out in Schedule 1A section 114A Body corporate managers
28B: Body corporate manager code of conduct
The code of conduct set out in Schedule 1B section 114J
28C: Terms that must be included in agreement engaging body corporate manager
The agreement setting out the terms of engagement for a body corporate manager must include the following terms:
a: the manager’s reporting requirements to the body corporate on the performance of the manager’s functions and duties; and
b: the requirement to comply with the code of conduct set out in Schedule 1B
c: the requirement for reviews of the manager’s performance at specified intervals and the key performance targets and other measures by which the manager’s performance is to be judged; and
d: the grounds for termination and the process for doing so, if met; and
e: the role, if any, of the manager at general meetings of the body corporate; and
f: the records, funds, or other things of or relating to the body corporate that must be returned by the manager to the body corporate if the agreement is terminated or the term of the agreement ends; and
g: the latest date, whether specified or able to be calculated, by which the things must be returned.
58: Regulation 30 amended (Long-term maintenance plans)
1: After regulation 30(1)(a)
aa: summarise the current state of the common property; and
2: After regulation 30(1)(f)
fa: state the sources of funding for the plan; and
3: After regulation 30(1)
1A: A body corporate must apply the amount each year to maintain the fund that it has determined under subclause (1)(g), less any amount that has been applied to maintain any item in that year.
59: New regulation 30A inserted (Long-term maintenance plans for large unit title developments)
After regulation 30
30A: Long-term maintenance plans for large unit title developments
1: This regulation applies to a long-term maintenance plan for a large unit title development.
2: Regulation 30(1)(d), (e), and (g) does not apply to a large unit title development’s long-term maintenance plan in respect of the period that is more than 10 years from the date of the plan or the last review of the plan ( years 11 to 30
3: A large unit title development’s long-term maintenance plan must provide a high-level indication of the expected cost of maintenance and replacement of the items covered by the plan in respect of years 11 to 30.
60: Regulation 33 replaced (Pre-contract disclosure statement)
Replace regulation 33
33: Pre-contract disclosure statement
1: The following information is prescribed for section 146(2)
a: whether the body corporate or body corporate committee has actual knowledge that any part of the unit title development has—
i: weathertightness issues for which a claim has been made under the Weathertight Homes Resolution Services Act 2006; or
ii: weathertightness issues that have been remediated without a claim under that Act or other proceedings before a court or tribunal; or
iii: weathertightness issues that have not been remediated; or
iv: earthquake-prone issues; or
v: any other significant defects in the land (including the unit title development and the land on which it is situated) that may require remediation:
b: whether the body corporate is involved in any proceedings in any court or tribunal and, if so, details of the proceedings:
c: financial statements and audit reports for the previous 3 years or (as the case may be) audit reports for those of the previous 3 years for which an audit was carried out and a statement of the years in that time period for which no audit was carried out:
d: notices and minutes of general meetings of the body corporate and the body corporate committee for the previous 3 years,—
i: including all supporting documentation; but
ii: excluding any information that may be redacted for the reasons specified in regulation 27A(2)
e: the name and contact details of the body corporate manager or managers:
f: the 12-month period comprising the current financial year for the purposes of the financial statements of the body corporate:
g: the body corporate levies payable for the unit for the current financial year:
h: details of maintenance that the body corporate proposes to carry out on the unit title development in the year following the date of the disclosure statement and how the body corporate proposes to meet the cost of that maintenance:
i: the balance of every fund or bank account held or operated by or on behalf of the body corporate at the date of the last financial statement:
j: a copy of the long-term maintenance plan:
k: any proposed works under the long-term maintenance plan for the unit title development to be carried out or begun within the next 3 years and the estimated costs of the works:
l: the next review date for the long-term maintenance plan for the unit title development:
m: any remediation reports commissioned by the body corporate within the previous 3 years:
n: a summary of the insurance cover the body corporate maintains for the unit title development, including—
i: the insurer’s name and contact details; and
ii: the type and amount of cover, the annual amount payable for it, and the excess payable on any claim under it; and
iii: any specific exclusions from cover; and
iv: a statement of where and how the insurance policy can be viewed:
o: an explanation of the following:
i: unit title property ownership:
ii: unit plans:
iii: ownership and utility interests:
iv: body corporate operational rules:
v: the information required to be contained in a pre-settlement disclosure statement:
vi: records of title:
vii: the land information memorandum issued under section 44A of the Local Government Official Information and Meetings Act 1987:
viii: easements and covenants.
2: The following information is prescribed for section 146(2)
a: a summary of the draft financial budget for the unit title development, including an estimate of the cost of operating the body corporate in an average 12 months:
b: an estimate of the proposed ownership interest for the unit based on the sales value (or, in a case where an actual sales value is not available at the time the pre-contract disclosure is provided, based on an estimated sales value at that time):
c: an estimate of the proposed utility interest for the unit:
d: the draft (if any) of the body corporate operational rules that will first apply:
e: what, if any, service contracts have been or are proposed to be entered into that will continue in force after the unit purchase is settled, including—
i: any contracts for utilities (for example, telecommunications, water, or electricity); and
ii: any contract appointing a body corporate manager.
3: For the purposes of subclause (1)(a) weathertightness issue
a: water has penetrated it because of some aspect of its design, construction, or alteration, or of materials used in its construction or alteration; and
b: the penetration of water is likely to cause or has caused damage to it.
4: The information required by this regulation must be provided to the extent that it is capable of being provided in relation to the unit and the development concerned ( see section 146(2)
61: Regulation 34 amended (Pre-settlement disclosure statement)
1: In regulation 34 (which requires a pre-settlement disclosure statement to contain the prescribed information) , subject to subclause (2)
2: After regulation 34(l)
la: whether there are any proceedings—
i: initiated by the body corporate and pending in any court or tribunal; or
ii: intended to be initiated by the body corporate in any court or tribunal; and
lb: whether there is any written claim by the body corporate against a third party that is yet to be resolved; and
3: Replace regulation 34(m)
m: whether there have been any changes to the body corporate operational rules since the pre-contract disclosure statement.
4: In regulation 34
2: If the pre-settlement disclosure statement is provided for an “off-the-plan” unit, the seller is required to—
a: provide the information specified in subclause (1)
b: provide the following additional information:
i: the name and contact details of the body corporate manager, if there is one; and
ii: the insurance information specified in regulation 33(1)(n)
62: Regulation 35 revoked (Additional disclosure statement)
Revoke regulation 35
63: New Schedule 1A inserted
After Schedule 1 Schedule 1A Schedule 2
64: New Schedule 1B inserted
After Schedule 1 Schedule 1B Schedule 3
65: Schedule 2 amended
1: In Schedule 2 Motions The following table is small in size and has 3 columns. This table is an amendment to Schedule 2 of the Unit Title Regulations 2011 and should be read with that table to provide understanding of the context. Motion Type of resolution Direction on resolution [ Summarise the motion. [ State whether the motion requires an ordinary or special resolution and whether, if passed, the resolution would be a designated resolution. [ State if the eligible voter wishes to direct how the proxy votes on the resolution.
2: In Schedule 2
3: Amendments to Unit Titles (Unit Title Disputes—Fees) Regulations 2011
66: Amendments to Unit Titles (Unit Title Disputes—Fees) Regulations 2011
This subpart amends the Unit Titles (Unit Title Disputes—Fees) Regulations 2011 OIC 2022/281 2023-05-09 Unit Titles (Unit Title Disputes—Fees) Regulations 2011 Part 2 subpart 3 brought into force on 9 May 2023 by SL 2022/281/2(2).
67: Regulation 3 amended (Interpretation)
In regulation 3(1) category 1 proceedings category 2 proceedings chief executive
68: Regulation 5 replaced (Filing fee)
Replace regulation 5
5: Fees
1: The following fees are payable by the applicant for filing an application with the Tenancy Tribunal under section 86 of the 1986 Act in relation to a unit title dispute:
a: $250 for an application for a dispute to be referred to a Tenancy Mediator:
b: $500 for an application for a dispute to be referred to adjudication (whether directly or because 1 or more of the parties refuses to have the matter considered by a Tenancy Mediator).
2: If the fee payable under subclause (1)(a) subclause (1)(b)
3: To avoid doubt, the maximum total fee payable for a dispute is $500.
69: Regulation 6 revoked (Categorisation of proceedings)
Revoke regulation 6
70: Regulation 7 revoked (Determining categorisation of proceedings)
Revoke regulation 7


1: Title
This Act is the Protected Disclosures (Protection of Whistleblowers) Act 2022.
2: Commencement
This Act comes into force on 1 July 2022.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to promote the public interest—
a: by facilitating the disclosure and timely investigation of serious wrongdoing in or by an organisation; and
b: by protecting the people who disclose in accordance with this Act. 2000 No 7 s 5
4: Interpretation
In this Act, unless the context otherwise requires,— appropriate authority section 25 classified information section 78AA defence information discloser section 8 environment section 2 intelligence and security agency section 4 intelligence and security information
a: is classified information; or
b: relates to the activities of an intelligence and security agency internal procedures international relations agency
a: the Department of the Prime Minister and Cabinet:
b: the Ministry of Foreign Affairs and Trade:
c: the Ministry of Defence
d: international relations information
a: is about the international relations of the Government of New Zealand; and
b: is held by an international relations agency; and
c: is not classified information; and
d: does not relate to the activities of an intelligence and security agency officer of Parliament Ombudsman Ombudsmen Act 1975 section 28
a: any person holding office under an Ombudsman to whom any of the powers of an Ombudsman have been delegated under section 28
b: any person whom the Chief Ombudsman has appointed to perform an Ombudsman's functions under this Act organisation
a: corporate or unincorporate:
b: in the public sector or in the private sector protected disclosure section 9 public sector organisation
a: an organisation named or specified in Schedule 1
b: an organisation (except for an officer of Parliament) named in Schedule 1
c: a local authority or public body named or specified in Schedule 1
d: the Office of the Clerk of the House of Representatives:
e: the Parliamentary Service:
f: an intelligence and security agency:
g: a council-controlled organisation within the meaning of section 6 receiver
a: the organisation concerned; or
b: an appropriate authority retaliate section 21 serious wrongdoing section 10 2000 No 7 s 3 Section 4 defence information inserted 26 January 2025 section 56 Inspector-General of Defence Act 2023 Section 4 international relations agency repealed 26 January 2025 section 56 Inspector-General of Defence Act 2023
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown. 2000 No 7 s 4
2: Key concepts and what to do
1: Key concepts
7: Overview
1: The following flowchart gives an overview of how this Act applies to a discloser: Protections under this Act
2: A discloser is entitled to protection under this Act for a protected disclosure as follows:
a: the receiver must use their best endeavours to keep the discloser’s identity confidential (with certain exceptions, see section 17
b: there can be no retaliation against the discloser’s employment ( see section 21
c: the discloser (and their relatives and associates) cannot be treated less favourably ( see section 22
d: the discloser has an immunity for the disclosure in court or disciplinary proceedings ( see section 23
e: the organisation cannot contract out of this Act or have internal procedures that are inconsistent with this Act ( see section 24
f: a public sector organisation must provide practical assistance and advice to the discloser in relation to serious wrongdoing in or by that organisation ( see section 29
3: The disclosure should be considered and dealt with in a timely way ( see section 13
4: A person who discloses information in support of, or relating to, a protected disclosure is also entitled to protection under this Act ( see section 12
5: This section is only a guide to the general scheme and effect of this Act. Section 7(1) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023
8: Meaning of discloser
In this Act, discloser
a: an employee:
b: a homeworker within the meaning given in section 5
c: a secondee to the organisation:
d: engaged or contracted under a contract for services to do work for the organisation:
e: concerned in the management of the organisation (including, for example, a person who is or was a member of the board or governing body of the organisation):
f: a member of the Armed Forces (in relation to the New Zealand Defence Force):
g: a volunteer working for the organisation without reward or expectation of reward for that work. 2000 No 7 s 3(1)
9: Meaning of protected disclosure
A disclosure of information is a protected disclosure
a: believes on reasonable grounds that there is, or has been, serious wrongdoing in or by the discloser’s organisation; and
b: discloses information about that in accordance with this Act; and
c: does not disclose it in bad faith. 2000 No 7 ss 6 20
10: Meaning of serious wrongdoing
In this Act, serious wrongdoing
a: an offence:
b: a serious risk to—
i: public health; or
ii: public safety; or
iii: the health or safety of any individual; or
iv: the environment:
c: a serious risk to the maintenance of law, including—
i: the prevention, investigation, and detection of offences; or
ii: the right to a fair trial:
d: an unlawful, a corrupt, or an irregular use of public funds or public resources:
e: oppressive, unlawfully discriminatory, or grossly negligent, or that is gross mismanagement, and is done (or is an omission) by—
i: an employee (if the organisation is a public sector organisation):
ii: a person performing (or purporting to perform) a function or duty or exercising (or purporting to exercise) a power on behalf of a public sector organisation or the Government. 2000 No 7 s 3(1)
2: What to do (disclosers and receivers)
11: Discloser’s entitlement to protection
1: A discloser is entitled to protection under this Act for a protected disclosure made (in accordance with this section) to their organisation or to an appropriate authority.
2: A discloser is entitled to protection for a protected disclosure made to their organisation if it is made—
a: in accordance with any internal procedures; or
b: to the head or a deputy head of the organisation.
3: A discloser is entitled to protection for a protected disclosure made to an appropriate authority at any time. (This applies whether or not the discloser has also made the disclosure to their organisation or to another appropriate authority.)
4: A discloser is entitled to protection even if—
a: they are mistaken and there is no serious wrongdoing; or
b: they do not refer to the name of this Act when making the disclosure; or
c: they technically fail to comply with this section or section 14
d: they also make the disclosure to another person, as long as they do so—
i: on a confidential basis; and
ii: for the purposes of seeking advice about whether or how to make a protected disclosure in accordance with this Act.
5: If the disclosure is or includes intelligence and security information, defence information, or international relations information, this section is subject to sections 25(2) 27 27A 28 2000 No 7 ss 6(3) 6A 7 8 9 Section 11(5) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023
12: Supporting information
1: Another discloser who discloses information in support of, or relating to, a protected disclosure is also entitled to protection under this Act if the discloser—
a: does not disclose in bad faith; and
b: discloses to their organisation, or to an appropriate authority, in accordance with section 11
2: The protections under this Act apply, with all necessary modifications, to that discloser as if the information were a protected disclosure. 2000 No 7 s 19A
13: Guidance: what receiver should do
1: Within 20 working days of receiving a protected disclosure, the receiver of the disclosure should— Acknowledge receipt
a: acknowledge to the discloser the date the disclosure was received (and, if the disclosure was made orally, summarise the receiver’s understanding of the disclosure); and Consider
b: consider the disclosure and whether it warrants investigation; and Check
c: check with the discloser whether the disclosure has been made elsewhere (and any outcome); and Deal with
d: deal with the matter by doing 1 or more of the following:
i: investigating the disclosure:
ii: addressing any serious wrongdoing by acting or recommending action:
iii: referring the disclosure under section 16
iv: deciding that no action is required (under section 15 Inform discloser (with reasons)
e: inform the discloser (with reasons) about what the receiver has done or is doing to deal with the matter in accordance with paragraph (d).
2: However, when it is impracticable to complete these actions within 20 working days, the receiver should do the actions described in subsection (1)(a) to (c) within 20 working days and then should— Inform discloser
a: inform the discloser how long the receiver expects to take to deal with the matter; and Update
b: appropriately update the discloser about progress; and Deal with
c: deal with the matter as described in subsection (1)(d); and Inform discloser (with reasons)
d: inform the discloser (with reasons) about
3: This section is guidance only. It does not confer a legal right (apart from the entitlements under sections 14 32 33 2000 No 7 s 9
14: Discloser’s entitlement to disclose further
1: This section applies if a discloser believes on reasonable grounds that the receiver of a protected disclosure—
a: has not acted as it should under section 13
b: has not dealt with the matter so as to address the serious wrongdoing.
2: The discloser is entitled to protection under this Act for a protected disclosure made to a Minister.
3: However, the discloser is entitled to protection under this Act for a protected disclosure made to the Speaker (not a Minister) if the disclosure relates to serious wrongdoing in or by any of the following:
a: the office of an officer of Parliament:
b: the Office of the Clerk of the House of Representatives:
c: the Parliamentary Service.
4: This section does not limit—
a: section 11(3)
b: section 32
5: However, if the disclosure is or includes intelligence and security information, defence information, or international relations information, this section is subject to sections 27 27A 28 2000 No 7 s 10 Section 14(5) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023
15: Receiver may decide no action is required
1: A receiver of a protected disclosure may decide that no action is required and, if so, must inform the discloser (with reasons).
2: Reasons that may be appropriate for deciding that no action is required include that—
a: the requirements of sections 8 to 10
b: the length of time between the alleged serious wrongdoing and the disclosure makes an investigation impracticable or undesirable:
c: the matter is better addressed by other means.
16: Receiver may refer disclosure
1: A receiver that is the organisation concerned may refer a protected disclosure to an appropriate authority.
2: A receiver that is an appropriate authority may refer a protected disclosure to—
a: the organisation concerned; or
b: another appropriate authority.
3: Before referring a protected disclosure, the receiver must consult the discloser and the intended recipient of a referral.
4: The organisation or authority that has received a referral becomes the receiver of the disclosure and this Act applies accordingly.
5: If an appropriate authority refers a disclosure to the organisation concerned, the organisation must inform the authority about what the organisation has done or is doing to deal with the matter (at the same time as the organisation informs the discloser of that ( see section 13(1)(e) or (2)(d)
6: A disclosure may be referred on more than 1 occasion.
7: The Inspector-General of Intelligence and Security may refer a disclosure under this section in a way that is consistent with section 27(1)
8: The Inspector-General of Defence may refer a disclosure under this section in a way that is consistent with section 27A(1) 2000 No 7 s 16 Section 16(8) inserted 26 January 2025 section 56 Inspector-General of Defence Act 2023
3: Protections
Confidentiality
17: Confidentiality
1: Every receiver of a protected disclosure must use their best endeavours to keep confidential information that might identify the discloser.
2: However, a receiver need not keep a discloser’s identity confidential if—
a: the discloser consents to the release of the identifying information; or
b: there are reasonable grounds to believe that the release of the identifying information is essential—
i: for the effective investigation of the disclosure; or
ii: to prevent a serious risk to public health, public safety, the health or safety of any individual, or the environment; or
iii: to comply with the principles of natural justice; or
iv: to an investigation by a law enforcement or regulatory agency for the purpose of law enforcement.
3: Before releasing identifying information for a reason described in subsection (2)(b),—
a: if the release is for the reason described in subsection (2)(b)(i) or (iii), the receiver must consult the discloser about the release; or
b: if the release is for the reason described in subsection (2)(b)(ii) or (iv), the receiver must, if practicable, consult the discloser about the release.
4: After releasing identifying information for a reason described in subsection (2)(b), the receiver must inform the discloser.
5: Anyone may seek information and guidance from an Ombudsman about the duty of confidentiality in this section.
6: In this section, law enforcement or regulatory agency law enforcement agency section 3(1)
7: See section 27 and section 27A 2000 No 7 s 19(1), (3) Section 17(7) amended 26 January 2025 section 56 Inspector-General of Defence Act 2023
18: Protecting confidentiality under Privacy Act 2020
1: The release of information that might identify the discloser is an interference with the privacy of an individual for the purposes of Part 5 section 17
2: Part 5
a: a discloser may complain under section 70 Part 5
b: the receiver has the onus of proving that section 17(2) section 101
c: Part 5 sections 27 27A Section 18(2)(c) amended 26 January 2025 section 56 Inspector-General of Defence Act 2023
19: Protecting confidentiality by withholding official information
A receiver must refuse a request for information under the Official Information Act 1982 Local Government Official Information and Meetings Act 1987 2000 No 7 s 19(2) Obligation not to retaliate or treat less favourably
20: Obligation not to retaliate or treat less favourably
1: Employers must not retaliate against a discloser who is an employee: see section 21
2: A person must not treat another less favourably because of a protected disclosure: see section 22
21: No retaliation by employer
1: An employer must not retaliate, or threaten to retaliate, against an employee because the employee intends to make or has made a protected disclosure.
2: If an employer retaliates, or threatens to retaliate, against an employee in breach of subsection (1), the employee has a personal grievance under section 103(1)(k)
3: Part 9
4: For the purposes of this section and section 20(1) employee section 6 employer section 5 retaliate
a: doing any of the following:
i: dismissing the employee:
ii: refusing or omitting to offer or afford to the employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances:
iii: subjecting the employee to any detriment or disadvantage (including any detrimental or disadvantageous effect on the employee’s employment, job performance, or job satisfaction) in circumstances in which other employees employed by the employer in work of that description are not or would not be subjected to such detriment or disadvantage:
iv: retiring the employee, or requiring or causing the employee to retire or resign:
b: organising to do anything described in paragraph (a). 2000 No 7 s 17
22: No victimisation
1: A person ( A B
a: B (or a relative or associate of B)—
i: intends to make, or has made, a protected disclosure under this Act; or
ii: has encouraged another person to make a protected disclosure; or
iii: has given information in support of, or relating to, a protected disclosure; or
b: A believes or suspects that B (or a relative or associate of B) intends to do, or has done, anything described in paragraph (a).
2: Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.
3: A breach of subsection (1) is unlawful under section 66(3) 1993 No 82 s 66 No retaliation in court or disciplinary proceedings
23: Immunity from civil, criminal, and disciplinary proceedings
1: Neither a discloser who makes a protected disclosure nor a receiver who refers a protected disclosure under section 16
2: Subsection (1) applies despite any prohibition of or restriction on the disclosure of information under any legislation, rule of law, agreement, contract, internal procedure, oath, or practice. 2000 No 7 s 18 No contracting out
24: No contracting out
1: This Act applies despite any agreement, contract, or internal procedure.
2: A provision in any agreement, contract, or internal procedure has no effect if it apparently requires a person to do any of the following:
a: not to disclose serious wrongdoing that is or could be a protected disclosure:
b: not to disclose information that could support, or relate to, a protected disclosure:
c: to withdraw a protected disclosure:
d: to abandon a protected disclosure:
e: to make a disclosure of serious wrongdoing in a way that is inconsistent with this Act. 2000 No 7 ss 6A(2) 23
4: Appropriate authorities, special rules for certain organisations, Ombudsmen’s role, etc
1: Appropriate authorities
25: Meaning of appropriate authority
1: In this Act, appropriate authority
a: includes the head of any public sector organisation; and
b: includes any officer of Parliament; and
c: includes (as examples) the persons or bodies listed in the second column of Schedule 2
d: includes the membership body of a particular profession, trade, or calling with the power to discipline its members; but
e: does not include—
i: a Minister; or
ii: a member of Parliament.
2: However,—
a: the appropriate authority
b: the appropriate authority See
i: section 27(3)
ii: section 16(7)
iii: sections 14 27
c: the appropriate authority See
i: section 27A(3)
ii: section 16(8)
iii: sections 14 27A 2000 No 7 ss 3(1) 12(2)(b) 13(2)(a) Section 25(2)(b)(i) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023 Section 25(2)(b)(ii) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023 Section 25(2)(c) inserted 26 January 2025 section 56 Inspector-General of Defence Act 2023
26: Schedule 2 may be amended by Order in Council
1: The Governor-General, by Order in Council made on the recommendation of the Minister responsible for the administration of this Act, may amend Schedule 2
a: adding, deleting, or amending the name of an appropriate authority:
b: adding, deleting, or amending a description of the nature of concerns.
2: The Minister must not recommend that an order be made under subsection (1) unless the Minister has consulted the relevant appropriate authority.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
2: Special rules for intelligence, security, and international relations information
27: Special rules for intelligence and security information
1: A person may only disclose intelligence and security information to someone who holds an appropriate security clearance and is authorised to have access to the information.
2: A discloser who has made, or is considering making, a protected disclosure that is or includes intelligence and security information may seek information and guidance from the Inspector-General of Intelligence and Security only (and not from an Ombudsman).
3: A discloser is entitled to protection under this Act for a protected disclosure made to the Prime Minister that—
a: is or includes intelligence and security information; and
b: relates to serious wrongdoing in or by the office of the Inspector-General of Intelligence and Security— and sections 11(4) 12
4: An intelligence and security agency, and any other public sector organisation that holds or has access to intelligence and security information, must—
a: have internal procedures that reflect subsections (1) to (3); and
b: apply sections 13 17 29
5: The Inspector-General of Intelligence and Security may disclose intelligence and security information disclosed or referred under this Act only in accordance with subpart 1
6: This section overrides section 17(5)
7: For the purposes of section 14(2) 2000 No 7 ss 12 14
27A: Special rules for defence information
1: A person may only disclose defence information to someone who holds an appropriate security clearance and is authorised to have access to the information.
2: A discloser who has made, or is considering making, a protected disclosure that is or includes defence information may seek information and guidance from the Inspector-General of Defence only (and not from an Ombudsman).
3: A discloser is entitled to protection under this Act for a protected disclosure made to the Minister responsible for defence if the disclosure—
a: is or includes defence information; and
b: relates to serious wrongdoing in or by the office of the Inspector-General of Defence— and sections 11(4) 12
4: The New Zealand Defence Force, and any other public sector organisation that holds or has access to defence information, must—
a: have internal procedures that reflect subsections (1) to (3); and
b: apply sections 13 17 29
5: The Inspector-General of Defence may disclose defence information disclosed or referred under this Act only in accordance with the Inspector-General of Defence Act 2023
6: This section overrides section 17(5)
7: For the purposes of section 14(2) Section 27A inserted 26 January 2025 section 56 Inspector-General of Defence Act 2023
28: Special rules for international relations information
1: An international relations agency must—
a: have internal procedures that reflect subsection (3); and
b: comply with section 29(2)(d)
2: The Ombudsman may disclose international relations information only in accordance with the Ombudsmen Act 1975
3: For the purposes of section 14(2) 2000 No 7 ss 13 14
3: Special rules for all public sector organisations
29: Public sector organisations must have internal procedures
1: Every public sector organisation must have appropriate internal procedures.
2: The internal procedures must—
a: comply with the principles of natural justice; and
b: set out a process that is consistent with section 13
c: identify who in the organisation a protected disclosure of serious wrongdoing in or by that organisation may be made to; and
d: include, in relation to a protected disclosure of serious wrongdoing in or by that organisation,—
i: a reference to the requirement in section 21
ii: a reference to the requirement in section 22
iii: a description of the circumstances in which the disclosure may be referred under section 16
iv: a description of how the organisation will provide practical assistance and advice to disclosers (for example, by having a support person assess any risks to a discloser); and
v: a description of how the organisation will meet the duty of confidentiality in section 17
3: The organisation must publish widely (and republish at regular intervals)—
a: information about the existence of the internal procedures; and
b: adequate information about how to use the procedures. 2000 No 7 s 11
4: Ombudsmen’s role
30: Role of Ombudsmen in providing information and guidance
1: An Ombudsman may provide information and guidance to any person on any matter about this Act (either after a request or at the Ombudsman’s discretion).
2: If a discloser notifies an Ombudsman that the discloser has made, or is considering making, a protected disclosure, an Ombudsman must provide information and guidance to the discloser about the following (as relevant):
a: which disclosures are protected under this Act:
b: the persons to whom information may be disclosed under this Act:
c: how to disclose information in accordance with sections 11 12
d: a summary of the role of each appropriate authority:
e: the protections available under this Act and under the Human Rights Act 1993
f: how a disclosure may be referred under section 16
3: An Ombudsman may—
a: provide information and guidance to organisations and disclosers about the circumstances in which anonymous protected disclosures may be made; and
b: otherwise provide advice and assistance to organisations and other persons about the duty of confidentiality in section 17
4: This section does not apply to a disclosure that is or includes intelligence and security information (and section 27
5: This section does not apply to a disclosure that is or includes defence information (and section 27A 2000 No 7 ss 6B 19(3) Section 30(5) inserted 26 January 2025 section 56 Inspector-General of Defence Act 2023
31: Information about internal procedures
1: For the purpose of this Act, an Ombudsman may request 1 or more of the following from an organisation:
a: information about whether the organisation has established and published internal procedures; and
b: a copy of those procedures; and
c: information about how those procedures operate.
2: However,—
a: the Inspector-General of Intelligence and Security, and not an Ombudsman, has the power described in subsection (1) in relation to an intelligence and security agency; and
b: the Inspector-General of Defence, and not an Ombudsman, has the power described in subsection (1) in relation to the New Zealand Defence Force.
3: An organisation is not required to comply with a request made under subsection (1) if it is not a public sector organisation. 2000 No 7 s 6C Section 31(2) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023
32: Ombudsmen may escalate protected disclosure to Minister or investigate disclosure
1: An Ombudsman may, with the consent of a discloser who has made a protected disclosure in accordance with this Act to an organisation or another appropriate authority,—
a: refer the disclosure to a Minister if the Ombudsman considers, after consulting that Minister, that the receiver of the disclosure—
i: has not acted as it should under section 13
ii: has not dealt with the matter so as to address the serious wrongdoing; or
b: investigate the disclosure if the disclosure relates to serious wrongdoing in or by a public sector organisation and the Ombudsman considers that the receiver of the disclosure—
i: has not acted as it should under section 13
ii: has not dealt with the matter so as to address the serious wrongdoing.
2: Subsection (1) does not authorise an Ombudsman to act under that subsection if—
a: the disclosure relates to serious wrongdoing in or by the office of an officer of Parliament; or
b: the receiver is an officer of Parliament.
3: The Ombudsman must promptly notify a referral or an investigation under subsection (1) to any person that the Ombudsman understands may be investigating the disclosure.
4: A disclosure may be referred on more than 1 occasion.
5: This section does not apply if a disclosure is or includes intelligence and security information (and section 27
5A: This section does not apply if a disclosure is or includes defence information (and section 27A
6: In relation to a disclosure that is or includes international relations information, an Ombudsman must comply with this section in a way that is consistent with section 28 2000 No 7 s 15 Section 32(5A) inserted 26 January 2025 section 56 Inspector-General of Defence Act 2023
33: Ombudsmen may take over some investigations or investigate together with public sector organisation
1: This section applies to a protected disclosure relating to serious wrongdoing in or by a public sector organisation.
2: An Ombudsman may take over an investigation of a disclosure from a public sector organisation, or investigate a disclosure together with a public sector organisation, if—
a: the Ombudsman considers that the organisation—
i: has not acted as it should under section 13
ii: has not dealt with the matter so as to address the serious wrongdoing; and
b: the discloser who made the disclosure consents; and
c: in the case of an investigation together with a public sector organisation, the public sector organisation consents to the Ombudsman acting under this section.
3: However,—
a: this section does not apply to a disclosure that is or includes intelligence and security information (and section 27
b: this section does not apply to a disclosure that is or includes defence information (and section 27A 2000 No 7 s 15A Section 33(3) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023
34: Ombudsmen may review and guide investigations by public sector organisations
1: An Ombudsman may review and guide an investigation of a protected disclosure by a public sector organisation (either at the organisation’s request or at the Ombudsman’s discretion).
2: However,—
a: subsection (1) does not apply to a disclosure that is or includes intelligence and security information (and section 27
b: subsection (1) does not apply to a disclosure that is or includes defence information (and section 27A
3: Subsection (1) does not authorise an Ombudsman to issue a direction to a public sector organisation requiring it to act in a particular manner in relation to an investigation. 2000 No 7 s 15B Section 34(2) replaced 26 January 2025 section 56 Inspector-General of Defence Act 2023
35: Ombudsmen may receive reports on investigations and include information in annual report
1: The Ombudsmen may receive reports on the following investigations:
a: investigations referred under section 32
b: investigations in which an Ombudsman has acted under section 33
c: investigations in relation to which an Ombudsman has otherwise provided information or guidance under this Act.
2: The Ombudsmen may include in their annual report under section 29
a: current guidance issued by the Ombudsmen about this Act:
b: the number and types of information and guidance inquiries made to the Ombudsmen about the matters in this Act:
c: the number of protected disclosures made to the Ombudsmen:
d: the number of investigations undertaken or taken over by the Ombudsmen:
e: the number of investigations referred under section 32
f: the outcome of the matters referred to in paragraphs (b) to (e) (if known by the Ombudsmen). 2000 No 7 s 15C
36: Chief Ombudsman may appoint persons to perform Ombudsman’s functions under this Act
The Chief Ombudsman may, by notice, appoint a person to perform an Ombudsman’s functions under this Act. 2000 No 7 s 15D
37: Ombudsmen’s functions and powers
1: The functions and powers of Ombudsmen under the Ombudsmen Act 1975 section 13(3)
2: The Ombudsmen have the same powers in relation to investigating a protected disclosure made under this Act as Ombudsmen have in relation to a complaint under the Ombudsmen Act 1975
3: Sections 19 20 30 2000 No 7 s 15E
5: Other protections and privileges
38: Other protections not limited
This Act does not limit any statutory or other protection, privilege, immunity, or defence relating to the disclosure of information. 2000 No 7 s 21
39: Legal professional privilege
1: Nothing in this Act authorises a person to disclose information protected by legal professional privilege.
2: A disclosure of such information is not a protected disclosure. 2000 No 7 s 22
6: Consequential amendments and repeal
40: Consequential amendments
Amend the Acts specified in Schedule 3 2022-07-01 Employment Relations Act 2000 Human Rights Act 1993 Intelligence and Security Act 2017 Ombudsmen Act 1975
41: Repeal of Protected Disclosures Act 2000
The Protected Disclosures Act 2000 2022-07-01 Protected Disclosures Act 2000