Residential (Land Lease) Communities Regulation 2015 (2015-448) (NSW)

Residential (Land Lease) Communities Regulation 2015

1 Name of Regulation This Regulation is the Residential (Land Lease) Communities Regulation 2015.

2 Commencement This Regulation commences on the commencement of the Residential (Land Lease) Communities Act 2013.

3 Definition (1) In this Regulation— the Act means the Residential (Land Lease) Communities Act 2013.

Note. The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Publication of particulars of enforcement and disciplinary action (1) For the purposes of section 19 (1) (c) of the Act, any of the following particulars, in respect of a community or its operator, that are contained in the Register are authorised to be included for publication on the internet— (a) the following particulars in relation to a person who has been convicted by a court of an offence under the Act or this Regulation— (i) the name of the person, (ii) whether or not the person, at the time of the offence, is or was the operator or a member of staff of the community, (iii) a description of the nature and circumstances of the offence, the decision of the court and the penalty imposed, (b) the following particulars in relation to a person who is or was an operator of the community against whom disciplinary action has been taken under Division 3 of Part 13 of the Act— (i) the name of the person, (ii) a description of the grounds on which the disciplinary action was taken, (iii) a description of the disciplinary action taken. (2) Particulars relating to an offence are not to be included for publication on the internet until after the last day on which an appeal may be made against the conviction. (3) If an appeal is made against the conviction, the particulars are not to be included for publication on the internet unless a final order has been made on appeal confirming the conviction. (4) Particulars relating to disciplinary action are not to be included for publication on the internet until after the later of the following dates— (a) the date on which any application may be made for an administrative review under the Administrative Decisions Review Act 1997 of the Commissioner's decision in respect of the disciplinary action, (b) the date on which any proceedings for judicial review in respect of that decision may be commenced. (5) If an application for an administrative review is made, or proceedings for judicial review are commenced, the particulars are not to be included unless the disciplinary action is in accordance with a final decision consequent on the review. (6) Particulars that are authorised by this clause to be included for publication on the internet are to be removed from the information published on the internet as soon as practicable after the Commissioner becomes aware that— (a) in the case of particulars relating to an offence— (i) the conviction has been quashed or annulled, or (ii) an appeal has been made against the conviction, or (b) in the case of particulars relating to disciplinary action— (i) the decision in respect of the disciplinary action has been set aside or quashed, or (ii) an application for an administrative review has been made, or proceedings for judicial review have been commenced, in respect of the decision. (7) Without limiting subclause (6), particulars that are authorised by this clause to be included for publication on the internet are to be removed from the information published on the internet as soon as practicable after a period of 5 years has elapsed since they were first published on the internet. (8) In a case where particulars relating to an offence are removed from the information published on the internet because an appeal is made against a conviction for the offence, the Commissioner may arrange for those particulars to be republished on the internet if satisfied that any such appeal was unsuccessful. (9) In a case where particulars relating to disciplinary action are removed from the information published on the internet because an application for administrative review is made, or proceedings for judicial review are commenced, the Commissioner may arrange for those particulars to be republished on the internet if satisfied that any such application or proceedings were unsuccessful and that the decision is final. (10) For the purposes of this clause, an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in relation to an offence is taken to be a conviction for an offence.