More News about the Unit Titles Act 2001

In an earlier post on this subject, see Unit Titles Act 2001

I suggested how annoyed and disappointed I was with the staff employed by ACTPLA the Department that seems to be assigned the task of managing the operations of the Unit Titles Act 2001.

I became even more disappointed when I went to a so called ACT Shop Front service centre and asked my questions there, only to be given advice to call a few phone numbers that actually resulted in my getting nowhere.

Finally, in desperation, I rang one Minister's office and was able to speak with a charming spokesperson who admitted that she did not know the answers to my questions, but would make it her business to find out. I also rang the other Minister's office and once again encountered a spokesperson who was most charming and offered to find out the answers to my questions.

By early this morning I was sent a brief email by one of these spokespersons who also rang to advise that the message was coming through and what it contained. It was a link to a site somewhere within the ACTPLA computer system.

The link was to a Guide to the Unit Titles Act. Very nice. It also explained that I would have to take action in a Magistrate's court to deal with any issues arising from the administration of the Act.

Subsequently I received a call from an ACTPLA officer who expanded on the information from the Minister's office by explaining that the actual link should be to:

http://www.actpla.act.gov.au/topics/programs_projects/change/unit_titles_review

At this link there is a link to the copy of the Act, to the Guide and also to a paper that actually writes up the parameters for a discussion on Consumer Protection under the Unit Titles Act 2001 issues in October 2006 and promising that there would be consultation following an on line survey which was supposed to have been on line until November 24 2006. According to one part of the document:

"The objective is to have a draft Bill available as early as possible in 2007 and a final Bill before the ACT Legislative Assembly in June or July 2007." (see page 5)

OOPS!

It's now a full year later and the consultation has not yet started, nor have the public consultations and of course the latest advice from the Minister's office is that perhaps the changes may happen in the next year.

Meanwhile, if you have a complaint about conduct I am advised that you have to look in Section 54 of the Unit Titles Act and take up your issues privately with a Magistrates Court or if things get ugly with the Supreme Court.

To all of this of course I say - RIDICULOUS!

How can you have a piece of legislation which requires anyone making a complaint to have to take expensive and difficult legal action in a court when the Department concerned should take on the responsibility of administering the impact of the legislation that the government has introduced and given it to manage.

To argue, as appears to be the case at present, that there is no provision for this in the Act is - at least in my view irresponsible, especially as the most likely development of living arrangements in this Territory are increasingly likely to be in dwellings under the provisions of this legislation.

I urge all of my readers who live in the ACT to look at the facts, explore the issues and then send your comments, concerns and complaints to the Minister's office and to the Department concerned.

Let's all get off our collective asses and fix this legislation and the need to have consumers protected and enabled to take appropriate action to enforce their rights and to ensure that the Government enforces breaches of its legislation.