Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 178A

178A .         Reference of full proposal to independent advocate

        (1)         In this section —

        independent advocate means a person to whom a full proposal is referred under subsection (2).

        (2)         A strata company to which a full proposal is submitted under section 178 must refer the proposal for review and assessment to a person who —

            (a)         is independent of the strata company and the proponent of the termination proposal; and

            (b)         satisfies any requirements of the regulations regarding experience or qualifications.

        (3)         The independent advocate must, in accordance with the regulations —

            (a)         review the full proposal; and

            (b)         provide the strata company with an independent assessment of the full proposal; and

            (c)         at a time and place arranged with the strata company, make a presentation of its assessment open to the persons mentioned in section 178(4)(a), conducted so as to take account of the needs of any of those persons who have sensory or mobility disabilities.

        (4)         The independent advocate must —

            (a)         endeavour to identify any owners of lots for whom arrangements for fuller or more extensive advice or representation are to be made under regulations made under section 190(1)(b); and

            (b)         advise those owners of their entitlements under regulations made under section 190; and

            (c)         if requested by those owners, refer them to independent providers of the advice or representation which they are to obtain; and

            (d)         if requested by those owners, assist them in obtaining benefits under the trust referred to in section 190(2).

        (5)         In any proceedings before the Tribunal under Part 13 in which there is a dispute about whether an owner of a lot in the strata titles scheme is entitled to fuller or more extensive advice or representation under regulations made under section 190(1)(b) or is entitled to benefit under a trust referred to in section 190(2), the independent advocate may represent the owner in the proceedings.

        (6)         The regulations may prescribe how a person’s independence is to be determined for the purposes of subsection (2)(a).

        (7)         The strata company —

            (a)         must pay the remuneration of, and reimburse the expenses incurred by, the independent advocate; and

            (b)         may charge fees under section 189 to cover the cost of paying those fees and reimbursing those expenses.

        [Section 178A inserted: No. 30 of 2018 s. 83.]