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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Strata Schemes Management Amendment
(Child Window Safety Devices) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Strata Schemes Management Act 1996 to require owners
corporations of strata schemes to ensure that complying window safety devices to facilitate child
safety are installed on strata buildings and to provide for the enforcement of that obligation.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be proclaimed.
Schedule 1 Amendment of Strata Schemes Management Act
1996 No 138
Schedule 1 [1] requires an owners corporation of a strata scheme to ensure that complying
window safety devices are installed for windows in each building of the scheme to which the
requirement applies. An owners corporation will be guilty of an offence if it fails to comply. The
regulations are to specify the strata schemes and windows subject to the requirement and the
requirements for complying devices. The owners corporation is to carry out work related to the
devices at its own cost. An owner may install a complying window safety device. Any such owner
will be required to repair any damage caused to common property and ensure that the installation
is done properly and in keeping with the appearance of the building concerned.
Schedule 1 [2] makes it clear that the power conferred on an owners corporation to enter any part
of a strata parcel to carry out work extends to work relating to window safety devices.
b2013-128-07.d08
Strata Schemes Management Amendment (Child Window Safety Devices) Bill 2013 [NSW]
Explanatory note
Schedule 1 [4] enables an owner of a lot in a strata scheme or another interested person (such as
a mortgagee or covenant chargee of a lot) to apply to a Strata Schemes Adjudicator for an order
requiring the owners corporation of the scheme to carry out its window safety device functions.
An owners corporation will also be able to apply to a Strata Schemes Adjudicator for an order
requiring an owner to comply with the owner's obligations relating to window safety devices
installed by the owner. Schedule 1 [3] makes a consequential amendment.
Schedule 1 [5] provides for an order relating to window safety device functions of an owners
corporation to be treated as if it were a resolution of the owners corporation concerned to do what
is needed to carry out a requirement of the order.
Schedule 1 [6] enables regulations to make provisions of a savings and transitional nature
consequent on the enactment of any Act that amends the Strata Schemes Management Act 1996.
Schedule 1 [7] provides that an owners corporation is not required to comply with a requirement
relating to the installation of window safety devices until on or after 13 March 2018.
Page 2
First print
New South Wales
Strata Schemes Management Amendment
(Child Window Safety Devices) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138 3
b2013-128-07.d08
New South Wales
Strata Schemes Management Amendment
(Child Window Safety Devices) Bill 2013
No , 2013
A Bill for
An Act to amend the Strata Schemes Management Act 1996 with respect to the installation of child
window safety devices.
Strata Schemes Management Amendment (Child Window Safety Devices) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Strata Schemes Management Amendment (Child Window Safety 3
Devices) Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Strata Schemes Management Amendment (Child Window Safety Devices) Bill 2013 [NSW]
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
Schedule 1 Amendment of Strata Schemes Management Act 1
1996 No 138 2
[1] Section 64A 3
Insert after section 64: 4
64A Window safety devices--child safety 5
(1) An owners corporation of a strata scheme to which this section applies must 6
ensure that there are complying window safety devices for all windows of each 7
building in the strata scheme that are windows to which this section applies. 8
Maximum penalty: 5 penalty units. 9
(2) An owners corporation is to carry out work related to its functions under this 10
section at its own expense and may, for the purposes of this section, carry out 11
work on any part of the parcel. 12
(3) An owner of a lot in a strata scheme to which this section applies may install 13
a complying window safety device on a window to which this section applies 14
(other than a window on another owner's lot). 15
(4) An owner of a lot who installs a window safety device under this section must: 16
(a) repair any damage caused to any part of the common property by the 17
installation of the device, and 18
(b) ensure that the device is installed in a competent and proper manner and 19
has an appearance, after it has been installed, in keeping with the 20
appearance of the building. 21
(5) An owners corporation or an owner of a lot may carry out work authorised by 22
this section despite any other provision of this Act, the regulations or any 23
by-law of the scheme. 24
(6) The regulations may make provision for or with respect to the following: 25
(a) the strata schemes and windows to which this section applies, 26
(b) the devices or other things that are complying window safety devices 27
for the purposes of this section, 28
(c) notification to the owners corporation by owners who install window 29
safety devices. 30
(7) A regulation may apply this section to a window located on any part of a 31
parcel. 32
[2] Section 65 Can an owners corporation enter property in order to carry out work? 33
Insert "(including work relating to window safety devices)" after "Act" in section 65 (1) (a). 34
[3] Chapter 5, introductory note 35
Insert in the table after the matter relating to section 140: 36
To require owners corporation to carry out Interested person (other than owners 140A
window safety device function corporation)
To require owner to comply with window Owners corporation 140B
safety device obligation
Page 3
Strata Schemes Management Amendment (Child Window Safety Devices) Bill 2013 [NSW]
Schedule 1 Amendment of Strata Schemes Management Act 1996 No 138
[4] Sections 140A and 140B 1
Insert after section 140: 2
140A Order requiring owners corporation to install window safety devices 3
(1) An Adjudicator may order an owners corporation to exercise a function under 4
section 64A if the Adjudicator considers that the owners corporation has failed 5
to do so. 6
(2) For the purposes of this section, an owners corporation is taken to have failed 7
to exercise a function if application is made to it to exercise the function and 8
it fails for 2 months after the making of the application to exercise the function. 9
(3) An application for an order under this section may be made by an interested 10
person (other than an owners corporation). 11
140B Order requiring owner to comply with window safety device duties 12
(1) An Adjudicator may order an owner of a lot to comply with section 64A (4) if 13
the Adjudicator considers that the owner has failed to do so. 14
(2) An application for an order under this section may be made by an owners 15
corporation. 16
[5] Section 207 Effect of certain orders 17
Insert "140A," after "140," in section 207 (1) (b). 18
[6] Schedule 4 Savings, transitional and other provisions 19
Insert at the end of clause 1 (1): 20
any other Act that amends this Act 21
[7] Schedule 4 22
Insert at the end of the Schedule with appropriate Part and clause numbering: 23
Part Provision consequent on enactment of Strata 24
Schemes Management Amendment (Child Window 25
Safety Devices) Act 2013 26
Phasing in of owners corporations' obligations as to window safety devices 27
(1) Despite any other provision of this Act, an owners corporation is not required 28
to comply with section 64A until 13 March 2018. 29
(2) Accordingly, an order cannot be sought under section 140A in respect of a 30
failure to exercise a function under section 64A until on or 31
after 13 March 2018. 32
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