{"id":"BILL-ACT-db-74235","name":"Justice and Community Safety Legislation Amendment Bill 2026","slug":"justice-and-community-safety-legislation-amendment-bill-2026","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-05-07","administeringDepartment":null,"currentVersion":{"id":457654,"registerId":"BILL-ACT-db-74235:current","compilationNumber":null,"startDate":"2026-05-07","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:56.861Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Justice and Community Safety Legislation Amendment Bill 2026\n\nJ2025-1587\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nJustice and Community Safety\nLegislation Amendment Bill 2026\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n4 Legislation repealed 2\nPart 2 Aboriginal and Torres Strait Islander Children\nand Young People Commissioner Act 2022\n5 Section 34 3\n\nContents\nPage\ncontents 2 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Custodial Inspector Act 2017\n6 Cooperation with other entities\nNew section 31 (1) (g) 5\nPart 4 Electoral Act 1992\n7 Regular disclosure of gifts\nSection 216B (2) 6\nPart 5 Human Rights Commission Act 2005\n8 New section 53BAA 7\n9 New section 53IAA 7\n10 New section 53SAA 8\n11 New section 53ZBAA 9\n12 Discrimination referral statements\nSection 88, new note 9\n13 Retirement village referral statements\nSection 88A, new note 10\n14 Occupancy dispute referral statements\nSection 88B, new note 10\n15 Conversion practice referral statements\nSection 88C, new note 10\nPart 6 Inquiries Act 1991\n16 Offences against Act—application of Criminal Code etc\nSection 4, note 1 11\n17 Reports of boards\nSection 14 (1), new note 11\n18 Section 17 11\n19 Proposed adverse comments in reports\nSection 26A (2) (b) and (c) 13\n20 Section 26A (3) 13\n21 New section 26A (6) 13\n22 Publication of published proceedings, reports and comments protected\nSection 38 (3) 14\n23 New section 38A 14\n\nContents\nPage\nJustice and Community Safety\nLegislation Amendment Bill 2026\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Oaths and Affirmations Act 1984\n24 Part 3 heading 15\nPart 8 Supreme Court Act 1933\n25 Vexatious litigants\nSection 67A (2) 16\nPart 9 Unit Titles (Management) Act 2011\n26 Installation of sustainability and utility infrastructure on common\nproperty\nSection 23 (3), note 17\n\nJ2025-1587\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nJustice and Community Safety\nLegislation Amendment Bill 2026\nA Bill for\nAn Act to amend legislation about justice and community safety, and for other\npurposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary1\n1 Name of Act2\nThis Act is the Justice and Community Safety Legislation Amendment3\nAct 2026.4\n2 Commencement5\nThis Act commences on the 7th day after its notification day.6\nNote The naming and commencement provisions automatically commence on7\nthe notification day (see Legislation Act, s 75 (1)).8\n3 Legislation amended9\nThis Act amends the following legislation:10\n• Aboriginal and Torres Strait Islander Children and Young11\nPeople Commissioner Act 202212\n• Custodial Inspector Act 201713\n• Electoral Act 199214\n• Human Rights Commission Act 200515\n• Inquiries Act 199116\n• Oaths and Affirmations Act 198417\n• Supreme Court Act 193318\n• Unit Titles (Management) Act 2011.19\n4 Legislation repealed20\nThe Crimes (Child Sex Offenders) Amendment Act 2025 (A2025-4)21\nis repealed.22\n\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022\nPart 2\nSection 5\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Aboriginal and Torres Strait1\nIslander Children and Young2\nPeople Commissioner Act 20223\n5 Section 344\nsubstitute5\n34 Information sharing6\n(1) The commissioner may disclose to an information sharing entity any7\ninformation that has been disclosed to, or obtained by, the8\ncommissioner in the exercise of a function under this Act, if—9\n(a) the commissioner is reasonably satisfied that the information is10\nrelevant to the exercise of the entity’s functions; and11\n(b) if the information is personal information about an individual—12\nthe individual has given consent.13\n(2) However, the commissioner may disclose personal information about14\nan individual to an information sharing entity without the individual’s15\nconsent if the commissioner believes on reasonable grounds that the16\ndisclosure is necessary to ensure that—17\n(a) the commissioner and the information sharing entity are able to18\ntake a coordinated approach in relation to a matter affecting an19\nAboriginal or Torres Strait Islander child or young person; or20\n(b) effective advocacy is able to be undertaken for an Aboriginal or21\nTorres Strait Islander child or young person.22\n(3) If an information sharing entity uses information disclosed to the23\nentity under this section—24\n(a) a secrecy requirement is taken to apply to the entity in relation25\nto the information; and26\n\nPart 2 Aboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022\nSection 5\npage 4 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the entity is taken to be a person engaged in the administration1\nof the provision that contains the secrecy requirement.2\n(4) This section applies despite any other territory law.3\n(5) In this section:4\nfunction, of an information sharing entity, means—5\n(a) for a member of the human rights commission—a function of6\nthe member under the Human Rights Commission Act 2005; and7\n(b) for the custodial inspector—a function of the custodial inspector8\nunder the Custodial Inspector Act 2017; and9\n(c) for the NPM—a function of the NPM under the Monitoring of10\nPlaces of Detention (Optional Protocol to the Convention11\nAgainst Torture) Act 2018.12\ninformation sharing entity means—13\n(a) a member of the human rights commission; or14\n(b) the custodial inspector appointed under the Custodial Inspector15\nAct 2017, section 9; or16\n(c) the NPM.17\nNPM means the ACT National Preventive Mechanism established18\nunder the Monitoring of Places of Detention (Optional Protocol to19\nthe Convention Against Torture) Act 2018, section 8C.20\nsecrecy requirement means a prohibition on the disclosure of21\ninformation that applies to the commissioner in relation to22\ninformation disclosed to an information sharing entity, whether the23\nprohibition is absolute or subject to stated exceptions or24\nqualifications.25\n\nCustodial Inspector Act 2017 Part 3\nSection 6\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Custodial Inspector Act 20171\n6 Cooperation with other entities2\nNew section 31 (1) (g)3\ninsert4\n(g) the commissioner appointed under the Aboriginal and Torres5\nStrait Islander Children and Young People Commissioner6\nAct 2022, section 10.7\n\nPart 4 Electoral Act 1992\nSection 7\npage 6 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Electoral Act 19921\n7 Regular disclosure of gifts2\nSection 216B (2)3\nsubstitute4\n(2) The financial representative of the entity must give the commissioner5\na return containing the information mentioned in section 216A (2)—6\n(a) not later than 7 days after the day the total amount received from7\nthe person reaches $1 000; and8\n(b) if the person gives the entity an additional gift—not later than9\n7 days after the day the entity receives the additional gift from10\nthe person.11\nExample12\nAn entity receives a gift of $1 000 from a person on 1 January, then receives another13\ngift of $100 from the person on 1 February. The financial representative of the entity14\nmust give the commissioner a return for the first gift by 8 January and must give15\nthe commissioner an additional return for the second gift by 8 February.16\n\nHuman Rights Commission Act 2005 Part 5\nSection 8\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Human Rights Commission1\nAct 20052\n8 New section 53BAA3\nbefore section 53BA, insert4\n53BAA Leave of ACAT required to hear certain discrimination5\ncomplaints6\n(1) This section applies to a discrimination complaint if—7\n(a) the commission closes the complaint because it is satisfied of8\none of the reasons mentioned in section 78 (2) (c); and9\n(b) the commission gives the complainant a discrimination referral10\nstatement under section 82 (1); and11\n(c) either—12\n(i) the commission refers the complaint to the ACAT under13\nsection 53A; or14\n(ii) the complainant applies to the ACAT for the complaint to15\nbe heard under section 53B.16\n(2) The complaint may be heard by the ACAT only with the leave of the17\nACAT.18\n9 New section 53IAA19\nbefore section 53IA, insert20\n53IAA Leave of ACAT required to hear certain retirement village21\ncomplaints22\n(1) This section applies to a retirement village complaint if—23\n(a) the commission closes the complaint because it is satisfied of24\none of the reasons mentioned in section 78 (2) (c); and25\n\nPart 5 Human Rights Commission Act 2005\nSection 10\npage 8 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the commission gives the complainant a retirement village1\nreferral statement under section 82A (1); and2\n(c) either—3\n(i) the commission refers the complaint to the ACAT under4\nsection 53H; or5\n(ii) the complainant applies to the ACAT for the complaint to6\nbe heard under section 53I.7\n(2) The complaint may be heard by the ACAT only with the leave of the8\nACAT.9\n10 New section 53SAA10\nbefore section 53SA, insert11\n53SAA Leave of ACAT required to hear certain occupancy12\ndispute complaints13\n(1) This section applies to an occupancy dispute complaint if—14\n(a) the commission closes the complaint because it is satisfied of15\none of the reasons mentioned in section 78 (2) (c); and16\n(b) the commission gives the complainant an occupancy dispute17\nreferral statement under section 82B (1); and18\n(c) either—19\n(i) the commission refers the complaint to the ACAT under20\nsection 53R; or21\n(ii) the complainant applies to the ACAT for the complaint to22\nbe heard under section 53S.23\n(2) The complaint may be heard by the ACAT only with the leave of the24\nACAT.25\n\nHuman Rights Commission Act 2005 Part 5\nSection 11\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 New section 53ZBAA1\nbefore section 53ZBA, insert2\n53ZBAA Leave of ACAT required to hear certain conversion3\npractice complaints4\n(1) This section applies to a conversion practice complaint if—5\n(a) the commission closes the complaint because it is satisfied of6\none of the reasons mentioned in section 78 (2) (c); and7\n(b) the commission gives the complainant a conversion practice8\nreferral statement under section 82C (1); and9\n(c) either—10\n(i) the commission refers the complaint to the ACAT under11\nsection 53ZA; or12\n(ii) the complainant applies to the ACAT for the complaint to13\nbe heard under section 53ZB.14\n(2) The complaint may be heard by the ACAT only with the leave of the15\nACAT.16\n12 Discrimination referral statements17\nSection 88, new note18\ninsert19\nNote 2 If the commission closed the complaint because it was satisfied of one of20\nthe reasons mentioned in s 78 (2) (c), the complaint may be heard by the21\nACAT only with the leave of the ACAT (see s 53BAA).22\n\nPart 5 Human Rights Commission Act 2005\nSection 13\npage 10 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Retirement village referral statements1\nSection 88A, new note2\ninsert3\nNote 2 If the commission closed the complaint because it was satisfied of one of4\nthe reasons mentioned in s 78 (2) (c), the complaint may be heard by the5\nACAT only with the leave of the ACAT (see s 53IAA).6\n14 Occupancy dispute referral statements7\nSection 88B, new note8\ninsert9\nNote 2 If the commission closed the complaint because it was satisfied of one of10\nthe reasons mentioned in s 78 (2) (c), the complaint may be heard by the11\nACAT only with the leave of the ACAT (see s 53SAA).12\n15 Conversion practice referral statements13\nSection 88C, new note14\ninsert15\nNote 2 If the commission closed the complaint because it was satisfied of one of16\nthe reasons mentioned in s 78 (2) (c), the complaint may be heard by the17\nACAT only with the leave of the ACAT (see s 53ZBAA).18\n\nInquiries Act 1991 Part 6\nSection 16\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Inquiries Act 19911\n16 Offences against Act—application of Criminal Code etc2\nSection 4, note 13\nomit4\nan offence against this Act, s 365\nsubstitute6\nall offences against this Act7\n17 Reports of boards8\nSection 14 (1), new note9\ninsert10\nNote Confidentiality requirements apply under section 17 in relation to a11\nreport.12\n18 Section 1713\nsubstitute14\n17 Protection of information15\n(1) A person commits an offence if––16\n(a) the person is, or has been, an entrusted person; and17\n(b) the person obtained or generated information in the person’s18\ncapacity as an entrusted person; and19\n(c) the information is protected information; and20\n(d) the person discloses, uses, or makes a record of, the protected21\ninformation.22\nMaximum penalty: 50 penalty units, imprisonment for 1 year or both.23\n(2) Strict liability applies to subsection (1) (a).24\n\nPart 6 Inquiries Act 1991\nSection 18\npage 12 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) To remove any doubt, the fault element for subsection (1) (b) is1\nrecklessness.2\n(4) Subsection (1) does not apply if the disclosure, use or recording of3\nthe protected information is authorised under subsection (5).4\nNote The defendant has an evidential burden in relation to the matters5\nmentioned in s (4) (see Criminal Code, s 58).6\n(5) An entrusted person may disclose, use, or make a record of, protected7\ninformation––8\n(a) in exercising, or assisting another person to exercise, a function9\nunder this Act; or10\n(b) if the information has already been made available to the public;11\nor12\n(c) in a circumstance prescribed by regulation.13\n(6) In this section:14\nentrusted person means––15\n(a) a member; or16\n(b) a member of the staff of a board; or17\n(c) a lawyer assisting a board.18\nprotected information means information obtained or generated by a19\nperson in exercising, or assisting another person to exercise,20\na function under this Act.21\n\nInquiries Act 1991 Part 6\nSection 19\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Proposed adverse comments in reports1\nSection 26A (2) (b) and (c)2\nsubstitute3\n(b) state the period within which a submission may be made, or a4\nstatement given, in relation to the comment; and5\n(c) tell the entity that, if the board’s report of the inquiry includes6\nthe comment, the report will also include a copy or summary of7\nany submission the entity makes, or any statement the entity8\ngives, within the time allowed under paragraph (b).9\n20 Section 26A (3)10\nomit11\nsubsection (2) (c) must end not earlier than 14 days12\nsubstitute13\nsubsection (2) (b) must end not earlier than 28 days14\n21 New section 26A (6)15\ninsert16\n(6) Also, if the board does not include in the report of the inquiry a17\nproposed comment in relation to which a notice under subsection (2)18\nwas given to an entity, then the report must not include any of the19\nfollowing:20\n(a) if the entity made a submission or gave a statement that relates21\nto the comment––a copy or summary of the submission or22\nstatement;23\n(b) any other information that would disclose the fact that a notice24\nwas given to the entity under subsection (2) in relation to the25\ncomment.26\n\nPart 6 Inquiries Act 1991\nSection 22\npage 14 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Publication of published proceedings, reports and1\ncomments protected2\nSection 38 (3)3\nsubstitute4\n(3) A board of inquiry report is a public document for the Civil Law5\n(Wrongs) Act 2002, section 138 (Defence for publication of public6\ndocuments) if, and only if, the report is made public by the7\nChief Minister.8\n23 New section 38A9\ninsert10\n38A Operation of Territory Records Act 200211\nFor the Territory Records Act 2002, a board of inquiry is taken to12\ninclude the following in addition to each member:13\n(a) a member of the staff of the board;14\n(b) a lawyer assisting the board.15\nNote A board of inquiry is an agency for the Territory Records Act 2002.16\nAn agency has obligations under that Act relating to records management17\nand protection of records (see that Act, divs 2.3 and 2.4).18\n\nOaths and Affirmations Act 1984 Part 7\nSection 24\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Oaths and Affirmations Act 19841\n24 Part 3 heading2\nsubstitute3\nPart 3 Administration of oath or4\naffirmation5","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Part 8 Supreme Court Act 1933\nSection 25\npage 16 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Supreme Court Act 19331\n25 Vexatious litigants2\nSection 67A (2)3\nsubstitute4\n(2) If the court is satisfied that a person has frequently instituted5\nvexatious proceedings, the court may declare the person to be a6\nvexatious litigant.7\n(2A) The court may make a declaration—8\n(a) on its own initiative; or9\n(b) on the application of—10\n(i) the Attorney-General; or11\n(ii) an aggrieved person.12\n\nUnit Titles (Management) Act 2011 Part 9\nSection 26\nJustice and Community Safety\nLegislation Amendment Bill 2026\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Unit Titles (Management)1\nAct 20112\n26 Installation of sustainability and utility infrastructure on3\ncommon property4\nSection 23 (3), note5\nomit6\nsee s 20 (1)7\nsubstitute8\nsee s 19 (1)9\n\npage 18 Justice and Community Safety\nLegislation Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 7 May 2026.\n2 Notification\nNotified under the Legislation Act on 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2026","sortOrder":1}],"analysis":{"summary":{"status_summary":"The bill was introduced in the ACT Legislative Assembly on 7 May 2026 and has not yet been passed.","complexity_score":4,"likely_questions":["What types of complaints will require leave of the ACAT before being heard?","Under what circumstances can the Children and Young People Commissioner share personal information without consent?","How does the new vexatious litigant declaration process differ from the previous one?","What is the practical effect of the change to gift disclosure return timeframes for political entities?","Why was the Crimes (Child Sex Offenders) Amendment Act 2025 repealed by this bill?"],"complexity_factors":["Amends eight separate pieces of legislation with varied subject matter","Introduces new offence provisions with strict liability and recklessness fault elements","Creates a new leave-to-hear requirement for four types of ACAT complaints after commission closure","Overrides other territory laws for information sharing purposes","Contains both substantive procedural changes and minor technical corrections"],"plain_english_summary":"The Justice and Community Safety Legislation Amendment Bill 2026 is an omnibus ACT bill making targeted changes across eight laws, repealing a 2025 Act, and affecting oversight, tribunal access, confidentiality, court powers, and political disclosure rules. It broadens information‑sharing by the Aboriginal and Torres Strait Islander Children and Young People Commissioner, tightens leave and procedural barriers for some ACAT complaints, and creates new offences and stricter confidentiality rules under the Inquiries Act.\n\nIt also expands the Supreme Court’s power to declare vexatious litigants and accelerates political gift reporting deadlines, with other technical corrections across statutes."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Bill is an omnibus update within the stated domain of \"justice and community safety.\" The amendments modify procedures, information‑sharing, confidentiality and tribunal access across multiple related statutes rather than adding unrelated policy areas. There is no evidence in the text that the Bill has grown significantly beyond that original, stated policy domain; rather it consolidates operational rules and tightens procedural and disclosure controls across existing frameworks (see Parts 2–9)."},"complexity_factors":["Omnibus bill amending 8 separate Acts across different subject-matter areas (see cl 3 and Parts 2–9)","Multiple new standalone provisions across Acts (new ss 34, 31(1)(g), 53BAA, 53IAA, 53SAA, 53ZBAA, 17, 38A)","Cross-references to existing statutory provisions and tribunals (e.g. reliance on s 78(2)(c) of Human Rights Commission Act for ACAT leave rule)","New defined terms and redefinitions in Aboriginal and Torres Strait Islander Commissioner provision (function, information sharing entity, secrecy requirement, NPM)","Criminal-law changes with mixed fault elements: strict liability for one element, recklessness for another (Inquiries Act, new s 17)","Conditional gatekeeping rules (ACAT leave) that require procedural discretion and could produce case-by-case complexity","Interplay with external regimes: Territory Records Act obligations added for boards of inquiry (new s 38A) and changes to publication immunity linked to Chief Minister decision (amended s 38(3))","Operational timing change for gift reporting (7‑day reporting trigger) introduces event-driven compliance rather than periodic reporting","Amendments that limit report contents if proposed comment removed (Inquiries Act, new s 26A(6)) add subtleties to report drafting and confidentiality handling","Repeal of a prior Act (Crimes (Child Sex Offenders) Amendment Act 2025) which may have transitional or interpretive effects"],"plain_english_summary":"**What this Bill changes (mechanically)\n\n- Repeals an earlier Act: the Crimes (Child Sex Offenders) Amendment Act 2025 is repealed (cl 4).\n\n- Lets an Aboriginal and Torres Strait Islander Children and Young People Commissioner share information with specified oversight bodies (new s 34). The commissioner can share personal information with consent, or without consent where disclosure is necessary for coordinated responses or effective advocacy. Recipients are treated as subject to secrecy obligations (Part 2, s 5).\n\n- Adds the Aboriginal and Torres Strait Islander Children and Young People Commissioner as a body the custodial inspector may cooperate with (Part 3, s 6).\n\n- Tightens timing for political-gift reporting: when an entity receives gifts from a person, the financial representative must give the Electoral Commissioner a return within 7 days once total gifts from that donor reach $1,000 and within 7 days of any additional gift (Part 4, s 7).\n\n- For several kinds of complaints handled by the Human Rights Commission (discrimination, retirement‑village disputes, occupancy disputes, and conversion-practice complaints), adds a rule that an applicant can only have the matter heard by the ACT Civil and Administrative Tribunal (ACAT) with ACAT’s leave if the Commission closed the complaint for certain reasons and issued a referral statement (new ss 53BAA, 53IAA, 53SAA, 53ZBAA; notes at ss 88, 88A–88C) (Part 5).\n\n- Changes the Inquiries Act in several ways:\n  - Makes all offences against the Act captured for Criminal Code application (s 16).\n  - Strengthens confidentiality and creates a broad offence for entrusted people (members, board staff, lawyers assisting) who disclose/use/record \"protected information\" obtained under the Act; maximum penalty 50 penalty units and/or 1 year imprisonment. The provision imposes strict liability for the element of being an \"entrusted person\" and specifies recklessness is the fault element for obtaining information (new s 17) (Part 6).\n  - Requires notices about proposed adverse comments in inquiry reports to give at least 28 days for submissions and states how submissions will be included in reports; prevents including a submission in a report if the proposed comment is not ultimately used (amendments to s 26A).\n  - Makes a board of inquiry report a \"public document\" for a particular civil-law defence only if the Chief Minister makes the report public (amended s 38(3)).\n  - Treats boards of inquiry and their staff and assisting lawyers as \"agencies\" for the Territory Records Act (new s 38A), bringing records-management obligations to boards (Part 6).\n\n- Renames a Part heading in the Oaths and Affirmations Act from Part 3 to \"Administration of oath or affirmation\" (Part 7, s 24).\n\n- Changes the Supreme Court’s vexatious-litigant provision so the court may declare someone a vexatious litigant if satisfied they have frequently brought vexatious proceedings, and allows the court to make that declaration on its own motion or on application by the Attorney‑General or an \"aggrieved person\" (amended s 67A) (Part 8).\n\n- Fixes a cross-reference in the Unit Titles (Management) Act about installing sustainability/utility infrastructure on common property (Part 9, s 26).\n\n\nWho is affected and why it matters (plain language)\n\n- Children and community sector bodies: The Aboriginal and Torres Strait Islander Children and Young People Commissioner (and recipients such as the Human Rights Commission member, custodial inspector, and the National Preventive Mechanism) can now share and receive information more readily for coordinated responses and advocacy (Part 2, new s 34). This affects families, children, and agencies handling child welfare matters because personal information may be shared without consent in specific, defined circumstances.\n\n- Oversight and inquiry staff, and lawyers assisting inquiries: They face new criminal penalties for unauthorised disclosure/use/recording of \"protected information\" generated under the Inquiries Act, and new records-management duties under the Territory Records Act (Part 6, new s 17 and new s 38A). That raises compliance and legal-risk considerations for board members, staff and counsel.\n\n- Complainants and legal advisers in ACAT/Commission matters: People whose complaints the Human Rights Commission closes for the section 78(2)(c) reasons, but who receive a referral statement, now need ACAT’s leave before ACAT will hear the matter (new ss 53BAA, 53IAA, 53SAA, 53ZBAA). That adds a gatekeeping step to tribunal access for certain referred matters.\n\n- Public authorities and campaign funding administrators: Entities that accept gifts must report more promptly when a donor’s total reaches $1,000 (Electoral Act amendment). This changes administrative timing and record-keeping for community groups, parties and similar entities (Part 4, amended s 216B).\n\n- Frequent litigants and the court system: The Supreme Court can act of its own motion to declare vexatious litigants, and an \"aggrieved person\" may apply for such a declaration, increasing third parties’ ability to seek restrictions on repeat litigants (Part 8, amended s 67A).\n\n- Anyone relying on publication immunities for inquiry reports or on access to published inquiry material: the civil-law defence for publication applies only if the Chief Minister publishes the report; boards are also subject to territory records obligations (Part 6, amended s 38(3), new s 38A).\n\n\nOfficial purpose-claims and a short test of trade-offs\n\n- Claimed purposes (as stated or plainly inferable from the changes): improve coordinated responses and advocacy for Aboriginal and Torres Strait Islander children; tighten confidentiality for inquiry processes; make complaint-handling more final at the Commission stage unless ACAT grants leave; speed up political gift reporting; and give courts additional tools to manage repeat litigants.\n\n- Trade-offs, incentives and implementation considerations:\n  - Information-sharing (Part 2, new s 34): lowers transaction costs of coordination between oversight bodies and may speed decision-making in child-protection contexts. It shifts privacy risk from the commissioner to recipients by treating recipients as subject to the commissioner’s secrecy requirements (new s 34(3)). Administrative burden rises for recipients who must observe secrecy rules and manage records in line with the Territory Records Act where applicable (see new s 38A). Risk: potential for tension with privacy law and community trust if disclosures without consent are used broadly rather than narrowly.\n  - Leave requirement for ACAT (Part 5, new ss 53BAA, 53IAA, 53SAA, 53ZBAA): reduces automatic access to tribunal remedies for matters the Commission has already closed for specified reasons, which may conserve tribunal time and reduce duplicative litigation. Cost: increases procedural steps for complainants and may raise legal costs and delay resolution. It shifts gatekeeping discretion to ACAT and could concentrate benefits in reduced tribunal caseloads while imposing diffuse costs (delay, expense) on many complainants.\n  - Inquiries Act confidentiality and criminal penalties (Part 6, new s 17): raises compliance costs for boards, staff and lawyers; creates criminal exposure for improper disclosures. The strict-liability element for being an \"entrusted person\" lowers the prosecution threshold on that point (s 17(2)), while recklessness as the fault element for obtaining information clarifies mental element but leaves others subject to strict or evidential burdens. This increases risk-averse behaviour (more redaction, restricted internal sharing) and may deter whistleblowing unless legislative exceptions apply (see s 17(5)).\n  - Publication immunity tied to Chief Minister action (Part 6, amended s 38(3)): narrows automatic legal protection for those publishing inquiry reports, placing the decision to trigger the immunity in the hands of the Chief Minister. This centralises a legal decision and may affect whether third parties publish or rely on inquiry material.\n  - Gift-reporting timing (Part 4, amended s 216B): moves reporting from periodic to event-triggered (within 7 days of threshold being met). This increases administrative responsiveness but imposes tighter operational processes for entities who receive gifts. Donors or recipients may change behaviour to avoid triggering the reporting timeframe (e.g., splitting contributions) unless other rules address aggregation.\n  - Vexatious-litigant procedure (Part 8, amended s 67A): expands who can initiate a declaration and allows the court to act proactively. That gives courts more control over caseloads, but also creates a pathway for third parties to seek pre-emptive restrictions on litigants.\n\nWho pays, who decides, and what behaviour is likely to change (section citations)\n\n- Who pays: administrative entities (commissions, inquiry boards, tribunal, custodial inspector) and their staff bear compliance and records‑management costs (new s 34; new s 38A; amended s 216B). Individuals bringing complaints may face extra procedural costs if ACAT leave is required (new ss 53BAA, 53IAA, 53SAA, 53ZBAA). Board members, staff and assisting lawyers face legal-risk costs from new criminal penalties (new s 17).\n\n- Who decides: the Aboriginal and Torres Strait Islander Commissioner decides when information is disclosed under new s 34; ACAT exercises gatekeeping discretion on leave; the Chief Minister decides whether an inquiry report is \"made public\" for publication immunity (amended s 38(3)); courts and third parties decide whether to seek vexatious‑litigant declarations (amended s 67A).\n\n- Behaviour likely to change: increased information sharing between oversight bodies (subject to secrecy obligations); greater internal caution and record control by inquiry staff; possible reduction in direct filings to ACAT where Commission referrals are involved unless leave is granted; faster reporting of political gifts and possible donor/recipient behavioural adjustments; and more proactive court management of repeat litigants.\n\n\nPractical implementation risks and compliance burdens\n\n- Agencies will need operational procedures and staff training for the new information‑sharing and secrecy regime (Part 2, new s 34) and to meet Territory Records Act obligations for inquiry boards (Part 6, new s 38A).\n- Inquiry boards must adopt strict information-handling protocols to avoid criminal liability and to manage evidential burdens if a disclosure defence is raised (Part 6, new s 17).\n- Tribunals and courts will take on additional administrative and discretionary workloads (assessing leave for ACAT and deciding vexatious-litigant declarations).\n\n\nNet effect summary\n\nMechanically, the Bill is an omnibus update across a range of justice and community-safety laws. It enables targeted information-sharing about Aboriginal and Torres Strait Islander children, tightens confidentiality and record‑handling for inquiries (with criminal sanctions), narrows automatic tribunal access for some Commission-referral complaints by requiring ACAT leave, speeds reporting obligations for political gifts, and broadens the court’s tools for dealing with repeat litigants. These changes shift several procedural and legal decision points (who decides and when), increase discrete compliance burdens for agencies and individuals, and create a small number of new criminal-law risks for inquiry participants (see Part 6, new s 17).\n"}},"importantCases":[],"_links":{"self":"/api/acts/justice-and-community-safety-legislation-amendment-bill-2026","history":"/api/acts/justice-and-community-safety-legislation-amendment-bill-2026/history","analysis":"/api/acts/justice-and-community-safety-legislation-amendment-bill-2026/analysis","conflicts":"/api/acts/justice-and-community-safety-legislation-amendment-bill-2026/conflicts","importantCases":"/api/acts/justice-and-community-safety-legislation-amendment-bill-2026/important-cases","documents":"/api/acts/justice-and-community-safety-legislation-amendment-bill-2026/documents"}}