Justice and Community Safety Legislation Amendment Bill 2026
J2025-1587
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Attorney-General)
Justice and Community Safety
Legislation Amendment Bill 2026
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Legislation repealed 2
Part 2 Aboriginal and Torres Strait Islander Children
and Young People Commissioner Act 2022
5 Section 34 3
Contents
Page
contents 2 Justice and Community Safety
Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Custodial Inspector Act 2017
6 Cooperation with other entities
New section 31 (1) (g) 5
Part 4 Electoral Act 1992
7 Regular disclosure of gifts
Section 216B (2) 6
Part 5 Human Rights Commission Act 2005
8 New section 53BAA 7
9 New section 53IAA 7
10 New section 53SAA 8
11 New section 53ZBAA 9
12 Discrimination referral statements
Section 88, new note 9
13 Retirement village referral statements
Section 88A, new note 10
14 Occupancy dispute referral statements
Section 88B, new note 10
15 Conversion practice referral statements
Section 88C, new note 10
Part 6 Inquiries Act 1991
16 Offences against Act—application of Criminal Code etc
Section 4, note 1 11
17 Reports of boards
Section 14 (1), new note 11
18 Section 17 11
19 Proposed adverse comments in reports
Section 26A (2) (b) and (c) 13
20 Section 26A (3) 13
21 New section 26A (6) 13
22 Publication of published proceedings, reports and comments protected
Section 38 (3) 14
23 New section 38A 14
Contents
Page
Justice and Community Safety
Legislation Amendment Bill 2026
contents 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 7 Oaths and Affirmations Act 1984
24 Part 3 heading 15
Part 8 Supreme Court Act 1933
25 Vexatious litigants
Section 67A (2) 16
Part 9 Unit Titles (Management) Act 2011
26 Installation of sustainability and utility infrastructure on common
property
Section 23 (3), note 17
J2025-1587
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Attorney-General)
Justice and Community Safety
Legislation Amendment Bill 2026
A Bill for
An Act to amend legislation about justice and community safety, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 Justice and Community Safety
Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at
Part 1 Preliminary1
1 Name of Act2
This Act is the Justice and Community Safety Legislation Amendment3
Act 2026.4
2 Commencement5
This Act commences on the 7th day after its notification day.6
Note The naming and commencement provisions automatically commence on7
the notification day (see Legislation Act, s 75 (1)).8
3 Legislation amended9
This Act amends the following legislation:10
• Aboriginal and Torres Strait Islander Children and Young11
People Commissioner Act 202212
• Custodial Inspector Act 201713
• Electoral Act 199214
• Human Rights Commission Act 200515
• Inquiries Act 199116
• Oaths and Affirmations Act 198417
• Supreme Court Act 193318
• Unit Titles (Management) Act 2011.19
4 Legislation repealed20
The Crimes (Child Sex Offenders) Amendment Act 2025 (A2025-4)21
is repealed.22
Aboriginal and Torres Strait Islander Children and Young People
Commissioner Act 2022
Part 2
Section 5
Justice and Community Safety
Legislation Amendment Bill 2026
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 2 Aboriginal and Torres Strait1
Islander Children and Young2
People Commissioner Act 20223
5 Section 344
substitute5
34 Information sharing6
(1) The commissioner may disclose to an information sharing entity any7
information that has been disclosed to, or obtained by, the8
commissioner in the exercise of a function under this Act, if—9
(a) the commissioner is reasonably satisfied that the information is10
relevant to the exercise of the entity’s functions; and11
(b) if the information is personal information about an individual—12
the individual has given consent.13
(2) However, the commissioner may disclose personal information about14
an individual to an information sharing entity without the individual’s15
consent if the commissioner believes on reasonable grounds that the16
disclosure is necessary to ensure that—17
(a) the commissioner and the information sharing entity are able to18
take a coordinated approach in relation to a matter affecting an19
Aboriginal or Torres Strait Islander child or young person; or20
(b) effective advocacy is able to be undertaken for an Aboriginal or21
Torres Strait Islander child or young person.22
(3) If an information sharing entity uses information disclosed to the23
entity under this section—24
(a) a secrecy requirement is taken to apply to the entity in relation25
to the information; and26
Part 2 Aboriginal and Torres Strait Islander Children and Young People
Commissioner Act 2022
Section 5
page 4 Justice and Community Safety
Legislation Amendment Bill 2026
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(b) the entity is taken to be a person engaged in the administration1
of the provision that contains the secrecy requirement.2
(4) This section applies despite any other territory law.3
(5) In this section:4
function, of an information sharing entity, means—5
(a) for a member of the human rights commission—a function of6
the member under the Human Rights Commission Act 2005; and7
(b) for the custodial inspector—a function of the custodial inspector8
under the Custodial Inspector Act 2017; and9
(c) for the NPM—a function of the NPM under the Monitoring of10
Places of Detention (Optional Protocol to the Convention11
Against Torture) Act 2018.12
information sharing entity means—13
(a) a member of the human rights commission; or14
(b) the custodial inspector appointed under the Custodial Inspector15
Act 2017, section 9; or16
(c) the NPM.17
NPM means the ACT National Preventive Mechanism established18
under the Monitoring of Places of Detention (Optional Protocol to19
the Convention Against Torture) Act 2018, section 8C.20
secrecy requirement means a prohibition on the disclosure of21
information that applies to the commissioner in relation to22
information disclosed to an information sharing entity, whether the23
prohibition is absolute or subject to stated exceptions or24
qualifications.25
Custodial Inspector Act 2017 Part 3
Section 6
Justice and Community Safety
Legislation Amendment Bill 2026
page 5
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Part 3 Custodial Inspector Act 20171
6 Cooperation with other entities2
New section 31 (1) (g)3
insert4
(g) the commissioner appointed under the Aboriginal and Torres5
Strait Islander Children and Young People Commissioner6
Act 2022, section 10.7
Part 4 Electoral Act 1992
Section 7
page 6 Justice and Community Safety
Legislation Amendment Bill 2026
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Part 4 Electoral Act 19921
7 Regular disclosure of gifts2
Section 216B (2)3
substitute4
(2) The financial representative of the entity must give the commissioner5
a return containing the information mentioned in section 216A (2)—6
(a) not later than 7 days after the day the total amount received from7
the person reaches $1 000; and8
(b) if the person gives the entity an additional gift—not later than9
7 days after the day the entity receives the additional gift from10
the person.11
Example12
An entity receives a gift of $1 000 from a person on 1 January, then receives another13
gift of $100 from the person on 1 February. The financial representative of the entity14
must give the commissioner a return for the first gift by 8 January and must give15
the commissioner an additional return for the second gift by 8 February.16
Human Rights Commission Act 2005 Part 5
Section 8
Justice and Community Safety
Legislation Amendment Bill 2026
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 5 Human Rights Commission1
Act 20052
8 New section 53BAA3
before section 53BA, insert4
53BAA Leave of ACAT required to hear certain discrimination5
complaints6
(1) This section applies to a discrimination complaint if—7
(a) the commission closes the complaint because it is satisfied of8
one of the reasons mentioned in section 78 (2) (c); and9
(b) the commission gives the complainant a discrimination referral10
statement under section 82 (1); and11
(c) either—12
(i) the commission refers the complaint to the ACAT under13
section 53A; or14
(ii) the complainant applies to the ACAT for the complaint to15
be heard under section 53B.16
(2) The complaint may be heard by the ACAT only with the leave of the17
ACAT.18
9 New section 53IAA19
before section 53IA, insert20
53IAA Leave of ACAT required to hear certain retirement village21
complaints22
(1) This section applies to a retirement village complaint if—23
(a) the commission closes the complaint because it is satisfied of24
one of the reasons mentioned in section 78 (2) (c); and25
Part 5 Human Rights Commission Act 2005
Section 10
page 8 Justice and Community Safety
Legislation Amendment Bill 2026
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(b) the commission gives the complainant a retirement village1
referral statement under section 82A (1); and2
(c) either—3
(i) the commission refers the complaint to the ACAT under4
section 53H; or5
(ii) the complainant applies to the ACAT for the complaint to6
be heard under section 53I.7
(2) The complaint may be heard by the ACAT only with the leave of the8
ACAT.9
10 New section 53SAA10
before section 53SA, insert11
53SAA Leave of ACAT required to hear certain occupancy12
dispute complaints13
(1) This section applies to an occupancy dispute complaint if—14
(a) the commission closes the complaint because it is satisfied of15
one of the reasons mentioned in section 78 (2) (c); and16
(b) the commission gives the complainant an occupancy dispute17
referral statement under section 82B (1); and18
(c) either—19
(i) the commission refers the complaint to the ACAT under20
section 53R; or21
(ii) the complainant applies to the ACAT for the complaint to22
be heard under section 53S.23
(2) The complaint may be heard by the ACAT only with the leave of the24
ACAT.25
Human Rights Commission Act 2005 Part 5
Section 11
Justice and Community Safety
Legislation Amendment Bill 2026
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11 New section 53ZBAA1
before section 53ZBA, insert2
53ZBAA Leave of ACAT required to hear certain conversion3
practice complaints4
(1) This section applies to a conversion practice complaint if—5
(a) the commission closes the complaint because it is satisfied of6
one of the reasons mentioned in section 78 (2) (c); and7
(b) the commission gives the complainant a conversion practice8
referral statement under section 82C (1); and9
(c) either—10
(i) the commission refers the complaint to the ACAT under11
section 53ZA; or12
(ii) the complainant applies to the ACAT for the complaint to13
be heard under section 53ZB.14
(2) The complaint may be heard by the ACAT only with the leave of the15
ACAT.16
12 Discrimination referral statements17
Section 88, new note18
insert19
Note 2 If the commission closed the complaint because it was satisfied of one of20
the reasons mentioned in s 78 (2) (c), the complaint may be heard by the21
ACAT only with the leave of the ACAT (see s 53BAA).22
Part 5 Human Rights Commission Act 2005
Section 13
page 10 Justice and Community Safety
Legislation Amendment Bill 2026
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13 Retirement village referral statements1
Section 88A, new note2
insert3
Note 2 If the commission closed the complaint because it was satisfied of one of4
the reasons mentioned in s 78 (2) (c), the complaint may be heard by the5
ACAT only with the leave of the ACAT (see s 53IAA).6
14 Occupancy dispute referral statements7
Section 88B, new note8
insert9
Note 2 If the commission closed the complaint because it was satisfied of one of10
the reasons mentioned in s 78 (2) (c), the complaint may be heard by the11
ACAT only with the leave of the ACAT (see s 53SAA).12
15 Conversion practice referral statements13
Section 88C, new note14
insert15
Note 2 If the commission closed the complaint because it was satisfied of one of16
the reasons mentioned in s 78 (2) (c), the complaint may be heard by the17
ACAT only with the leave of the ACAT (see s 53ZBAA).18
Inquiries Act 1991 Part 6
Section 16
Justice and Community Safety
Legislation Amendment Bill 2026
page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 6 Inquiries Act 19911
16 Offences against Act—application of Criminal Code etc2
Section 4, note 13
omit4
an offence against this Act, s 365
substitute6
all offences against this Act7
17 Reports of boards8
Section 14 (1), new note9
insert10
Note Confidentiality requirements apply under section 17 in relation to a11
report.12
18 Section 1713
substitute14
17 Protection of information15
(1) A person commits an offence if––16
(a) the person is, or has been, an entrusted person; and17
(b) the person obtained or generated information in the person’s18
capacity as an entrusted person; and19
(c) the information is protected information; and20
(d) the person discloses, uses, or makes a record of, the protected21
information.22
Maximum penalty: 50 penalty units, imprisonment for 1 year or both.23
(2) Strict liability applies to subsection (1) (a).24
Part 6 Inquiries Act 1991
Section 18
page 12 Justice and Community Safety
Legislation Amendment Bill 2026
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(3) To remove any doubt, the fault element for subsection (1) (b) is1
recklessness.2
(4) Subsection (1) does not apply if the disclosure, use or recording of3
the protected information is authorised under subsection (5).4
Note The defendant has an evidential burden in relation to the matters5
mentioned in s (4) (see Criminal Code, s 58).6
(5) An entrusted person may disclose, use, or make a record of, protected7
information––8
(a) in exercising, or assisting another person to exercise, a function9
under this Act; or10
(b) if the information has already been made available to the public;11
or12
(c) in a circumstance prescribed by regulation.13
(6) In this section:14
entrusted person means––15
(a) a member; or16
(b) a member of the staff of a board; or17
(c) a lawyer assisting a board.18
protected information means information obtained or generated by a19
person in exercising, or assisting another person to exercise,20
a function under this Act.21
Inquiries Act 1991 Part 6
Section 19
Justice and Community Safety
Legislation Amendment Bill 2026
page 13
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19 Proposed adverse comments in reports1
Section 26A (2) (b) and (c)2
substitute3
(b) state the period within which a submission may be made, or a4
statement given, in relation to the comment; and5
(c) tell the entity that, if the board’s report of the inquiry includes6
the comment, the report will also include a copy or summary of7
any submission the entity makes, or any statement the entity8
gives, within the time allowed under paragraph (b).9
20 Section 26A (3)10
omit11
subsection (2) (c) must end not earlier than 14 days12
substitute13
subsection (2) (b) must end not earlier than 28 days14
21 New section 26A (6)15
insert16
(6) Also, if the board does not include in the report of the inquiry a17
proposed comment in relation to which a notice under subsection (2)18
was given to an entity, then the report must not include any of the19
following:20
(a) if the entity made a submission or gave a statement that relates21
to the comment––a copy or summary of the submission or22
statement;23
(b) any other information that would disclose the fact that a notice24
was given to the entity under subsection (2) in relation to the25
comment.26
Part 6 Inquiries Act 1991
Section 22
page 14 Justice and Community Safety
Legislation Amendment Bill 2026
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22 Publication of published proceedings, reports and1
comments protected2
Section 38 (3)3
substitute4
(3) A board of inquiry report is a public document for the Civil Law5
(Wrongs) Act 2002, section 138 (Defence for publication of public6
documents) if, and only if, the report is made public by the7
Chief Minister.8
23 New section 38A9
insert10
38A Operation of Territory Records Act 200211
For the Territory Records Act 2002, a board of inquiry is taken to12
include the following in addition to each member:13
(a) a member of the staff of the board;14
(b) a lawyer assisting the board.15
Note A board of inquiry is an agency for the Territory Records Act 2002.16
An agency has obligations under that Act relating to records management17
and protection of records (see that Act, divs 2.3 and 2.4).18
Oaths and Affirmations Act 1984 Part 7
Section 24
Justice and Community Safety
Legislation Amendment Bill 2026
page 15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 7 Oaths and Affirmations Act 19841
24 Part 3 heading2
substitute3
Part 3 Administration of oath or4
affirmation5