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Review of property law in Queensland

The Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) is undertaking a review of Queensland’s property laws for the Queensland Government. The review includes an examination of issues arising under legislation governing ownership, use and dealings in real property in Queensland including the Property Law Act 1974 and the Body Corporate and Community Management Act 1997 and other community titles legislation.

Due to the breadth and complexity of property law in Queensland, the review is being conducted in stages.

Current consultation activities

Procedural issues

The Body Corporate and Community Management Act 1997 (BCCM Act) and its regulations contain a range of administrative and procedural requirements relating to the running of a body corporate.

After conducting a public consultation process about body corporate procedural issues, QUT has provided a report to the Government setting out 64 recommendations designed to address common concerns of lot owners, streamline and modernise administrative processes, reduce red tape, improve transparency in decision making, facilitate legislative compliance, and increase consumer protection.

Download a copy of QUT’s report – Government Property Law Review - Final Recommendations - Procedural Issues under the Body Corporate and Community Management Act 1997 (PDF, 1.3 MB).

Before making any decisions about possible changes to the current laws on procedural aspects of body corporate governance, the Queensland Government would like to hear about QUT’s recommendations from lot owners, committees, body corporate service professionals and anyone else with an interest in community titles schemes.

How to make a submission about procedural issues

You are invited to provide feedback on QUT’s recommendations about body corporate procedural issues.  You may also wish to provide your views on the costs and benefits of the recommendations.

Consultation closes on Friday 6 October 2017.

You may lodge your submission by email or post to:

Email
QUTreviewBCCM@justice.qld.gov.au

Post
QUT Review ‐ BCCM
C/‐ Office of Regulatory Policy
Department of Justice and Attorney‐General
GPO Box 3111
Brisbane QLD 4001

Past consultation activities

Public consultation is an important part of the review. To inform the review, the following consultation papers have been previously released for public consultation:

Seller Disclosure in Queensland

  1. Queensland Government Property Law Review Issues Paper 1 Seller Disclosure in Queensland (PDF, 918.0 KB)
  2. Interim Report: Seller Disclosure in Queensland (PDF, 674.9 KB)

Property Law Act 1974 (Qld)

  1. Property Law Review Issues Paper: Property Law Act 1974 (QLD) – Sales of land and other related provisions (PDF, 1.4 MB)
  2. Property Law Review Issues Paper 2: Property Law Act 1974 (QLD) – Part 8 Leases and Tenancies (PDF, 1.1 MB)
  3. Property Law Review Issues Paper 3 Property Law Act 1974 (Qld) - Incorporeal Hereditaments, Rights of Way, Powers of Appointment & Perpetuities (PDF, 1.4 MB)
  4. Property Law Review Issues Paper 4 Property Law Act 1974 (Qld) - Mortgages, Co-ownership, Encroachment and Mistake (PDF, 1.5 MB)
  5. Property Law Review Issues Paper 5 Property Law Act 1974 (Qld) - Equitable interests and things in action, Corporations, Voidable dispositions, Unregistered land, De facto relationships, Miscellaneous (PDF, 890.0 KB)
  6. Property Law Review Issues Paper 6 Property Law Act 1974 (Qld) - PLA Parts 1-4, Part 6 (Deeds) and Part 20 (Notices) (PDF, 2.5 MB)

Body Corporate and Community Management Act 1997 (Qld) and other community titles legislation

  1. Queensland Government Property Law Review Issues Paper 2 Lot entitlements under the Body Corporate and Community Management Act 1997 (PDF, 862.1 KB)
  2. Queensland Government Property Law Review Options Paper Body corporate governance issues: By‐laws, debt recovery and scheme termination (PDF, 750.9 KB)
  3. Property Law Review Issues Paper Procedural issues under the Body Corporate and Community Management Act 1997

Final reports

  1. Property Law Review: Lot entitlements under the Body Corporate and Community Management Act 1997 – Final recommendations
  2. Government Property Law Review: Options Paper Recommendations Body corporate governance issues: By-laws, debt recovery and scheme termination (PDF, 1.4 MB)

Privacy statement for submissions

Any personal information you include in your submission will be collected by the Department of Justice and Attorney‐General (the Department) and QUT for the purpose of undertaking the review of Queensland’s property laws. The Department or QUT may contact you for further consultation regarding the review. Your submissions may also be released to other government agencies as part of the consultation process.

Submissions provided to the Department and QUT in relation to papers will be treated as public documents. This means that they may be published on the Department’s website, together with the name and suburb of each person or entity making a submission. If you would like your submission, or any part of it, to be treated as confidential, please indicate this clearly in the submission. However, please note that all submissions may be subject to disclosure under the Right to Information Act 2009, and access applications for submissions, including those marked confidential, will be determined in accordance with that Act.

Submissions (or information about their content) may also be provided in due course to a parliamentary committee that considers any legislation resulting from this review.

Previous consultation papers (closed consultations)

Final reports

Last reviewed
10 July 2017
Last updated
10 July 2017

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