This article discusses how a caretaking agreement BCCM conflict may be addressed when agreement terms become inconsistent with later regulations, and what options are available to resolve the issue.
Question: What happens if a caretaking agreement becomes inconsistent with later BCCM regulations?
What happens if a caretaking agreement becomes inconsistent with later BCCM regulations? Could an adjudicator determine if there is a significant inconsistency requiring a deed of variation? Could we undertake a statutory review? Would this situation meet the strict criteria for a review?
Answer: Typically, the agreement would have a clause that deals with this circumstance.
Typically, the agreement would have a clause that deals with this circumstance. For example, it could say any clause that is invalid is severed (or ignored) from the agreement.
An adjudicator would not make a determination that a clause is invalid. A specialist adjudicator or QCAT may, but a deed of variation is a voluntary process by each party that would amend the terms of the agreement. This is usually the best solution.
A statutory review only relates to remuneration or duties (and only applies in limited circumstances), so would not apply here.
This post appears in Strata News #651.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753