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Legislative Assembly for the ACT: 2007 Week 4 Hansard (3 May) . . Page.. 1026..


Number of people issued police drug diversion

Number of people who were charged with a re-offence after being issued * a police drug diversion

2003-04 *

53

15

2004-05

35

17

2005-06

43

17

2006-07 to 31 Oct 2006

28

7

Source: PROMIS database as at 01 November 2006

Construction-compliance flag system

(Question No 1497)

Mr Seselja asked the Minister for Planning, upon notice, on 28 February 2007:

(1) Does the ACT Planning and Land Authority (ACTPLA) operate a Compliance flag system on building files;

(2) What legislation, including title and section, (a) defines a Compliance flag and (b) describes the content and operation of a Compliance flag system on a building file, (c) describes the appeal mechanism a lessee has to challenge the placement of a Compliance flag on a building file, (d) provides the ACTPLA with the authority to operate a Compliance flag system;

(3) How many building files currently have a Compliance flag over them;

(4) Are files with a Compliance flag stored, marked or handled differently to other building files that do not have a Compliance flag; if so, what are the differences.

Mr Corbell: The answer to the member's question is as follows:

(1) No. However, ACTPLA does have an electronic administrative tool to 'flag' outstanding compliance issues in relation to Territory Leasing files.

(2) (a to d) In the ACT, lessees are required to produce a 'lease conveyancing report' as part of the documentation needed for the listing of their property for sale. Under Section 9 of the Civil Law (Sale of Residential Property) Regulation 2004 (Effective 16/11/06), ACTPLA is required to provide, amongst other documentation, "a statement about any contravention of the Land (Planning and Environment) Act 1991 in relation to the lease of the property", including unapproved works.

To satisfy this requirement, and protect the public interest, ACTPLA uses 'compliance flags', in an electronic data-base. This is an administrative tool to identify leases which have unapproved works, or other issues, in contravention of the Land Act. The 'compliance flag' serves no other purpose than a trigger/reminder for Authority staff to fulfil their obligations under the Civil Law (Sale of Residential Property) Regulation 2004.

There is no 'appeal mechanism' in relation to the removal of 'compliance flags'. Flags would only be removed where contraventions of the Land Act have been


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