Legislation doesn’t have to be intimidating, confusing, or something you hand straight to a lawyer. That was the core message from Chris Irons of Strata Solve in this national session, which drew strong numbers from across Australia and kept the live chat running hot from start to finish.
After last week’s webinar, where Queensland strata law was put squarely on trial, this session felt like the natural follow-up. We had less debate, but Chris provided much more practical guidance. We shifted the focus from what needs to change to how to use what already exists, and our polls told a clear story. We found that only 29% of attendees feel comfortable reading the legislation, with more than half saying they can manage, but it is not easy. Chris’s response was characteristically direct. Don’t be afraid. Keep going back to it. Ask questions. There is no such thing as a stupid question in strata.
NAT: Laws of the land – navigating strata legislation without the stress
Why legislation exists, and why it’s important you understand it
Legislation is not created for its own sake. Chris walked through the reasons it gets made:
- to address an issue,
- clarify a meaning,
- respond to community concern,
- or close a loophole.
But he was equally clear that legislation is not always the answer. Information, education, voluntary codes, and self-regulation are all non-legislative options governments reach for first, partly because they cost less and partly because more legislation means more red tape, and that is never a popular pitch.
Only 13% of respondents said non-legislative solutions are often more effective than legislation outright, and just over half said it depends on the situation. Chris was direct about why. Self-regulation in strata has a fundamental problem. When a membership body is responsible for disciplining its own members, the motivation to act is limited. Legislation, when you know how to use it, is the more reliable framework.
How legislation is made, and where you fit in
One of the session’s most practical sections covered how legislation gets made, from policy and consultation through to Cabinet, Parliament, and the Governor’s assent. In normal circumstances, that process takes 18 months to two years, and strata is not the kind of issue that gets fast-tracked.
Chris’s advice for anyone wanting to influence legislative change was to present solutions, not just problems, and make sure those solutions are practical and realistic. A proposed change that would cost the government millions to implement, or require a new tax to fund, is not going anywhere. The poll on practical solutions in strata legislation showed the community is sceptical: only 15% felt the tools are there if you know how to use them, while 35% said they are somewhat there but hard to access, 26% said the legislation needs to change, and 24% said they don’t know enough to say.
Getting into the Act: key terms and where to find it
Chris ran a live demonstration of navigating the Queensland legislation website, showing attendees how to search for a provision, read its structure, and identify the context around it. The same approach works in every state and territory by simply replacing Queensland with your own state in the URL.
Chris also covered the key terms that trip people up like the difference between an Act and subordinate legislation, what a bill is, what Cabinet does, and why explanatory notes and second reading speeches matter when you are trying to work out what a provision actually means.
The use of “and” versus “or” in a provision changes everything. If a section uses “or”, any one of the listed conditions may apply. If it uses “and”, every condition must be satisfied. Missing that distinction is one of the most common mistakes people make when reading the legislation, and it can completely change the outcome of a dispute.
What happens when the legislation is silent
Not everything is covered in the Act, and Chris was direct about what that means. Silence does not mean a free-for-all. When the legislation does not address something, you look to reasonableness, to existing decisions from courts and adjudicators, and to the Acts Interpretation Act in your state, which provides definitions and guidance on common terms that apply across all legislation.
The poll on this was the session’s clearest result: 52% said silence creates confusion and conflict, and 38% said it depends on the situation. Only 4% thought less legislation is better.
What the audience told us: poll results in full
| Poll question | Results |
|---|---|
| Do you feel confident reading and understanding legislation? | I can manage, but it’s not easy: 52% Yes, I’m comfortable: 29% No, I find it confusing: 17% I’ve never tried: 2% |
| Are there enough practical solutions and options in strata legislation? | Somewhat, but hard to access: 35% No, the legislation needs to change: 26% I don’t know enough to say: 24% Yes, the tools are there: 15% |
| Are non-legislative solutions useful for addressing strata problems? | Sometimes, depending on the situation: 51% No, you need the legislation behind it: 32% Yes, often more effective: 13% I hadn’t considered them as an option: 4% |
| If legislation is silent, is it better to leave it and let everyone figure it out? | No, silence creates confusion and conflict: 52% It depends on the situation: 38% I’ve never considered this: 5% Yes, less legislation is better: 4% |
The legislation is not your enemy. Think of it as one more tool in your strata toolkit. Once you get comfortable with it, the legislation can be a surprisingly useful one. As Chris put it, knowing how to reference the right provision at the right time makes people sit up and take notice in a way that a complaint alone never will. It does not have to be complicated. It just has to be used.
Don’t be afraid
Chris closed with a message that summed up the session. When you look at a piece of legislation for the first time and feel overwhelmed, that is completely normal. The mistake is, not coming back to it. If you own, live, or work in strata, it is in your interest to keep going, keep asking questions, and keep building your confidence with the Act. The legislation is not working against you. Once you know how to use it, it works for you.
Download the presentation
Download the slides from this webinar here here: NAT: Laws of the land – navigating strata legislation without the stress
This article is based on the LookUpStrata webinar Laws of the Land: Navigating Strata Legislation Without the Stress, presented by Chris Irons from Strata Solve.
This post appears in Strata News #796.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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