Western Australian Current Regulations

STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 181

181 .         Phasing‑in of national criminal record check requirements

        (1)         Regulation 92 does not apply in respect of a person who was employed or engaged by a strata manager before the commencement day until the end of the 6‑month grace period.

        (2)         Accordingly, a strata manager must obtain a national criminal record check as required by regulation 92 in relation to persons employed or engaged by the strata manager by the end of the 6‑month grace period.

        (3)         A strata manager must not, after the end of the 6‑month grace period, continue to perform scheme functions under a contract between the strata manager and a strata company that was entered into before the commencement day (an existing contract ) unless —

            (a)         the strata manager makes a criminal record statement that complies with regulation 93 and provides a copy of the statement to the strata company before the end of the 6‑month grace period; and

            (b)         the existing contract continues to have effect at the end of the 6‑month grace period under Schedule 5 clause 13(3) of the Act.

        (4)         To avoid doubt, the strata management contract requirements imposed by regulation 93 extend to contracts between a strata manager and a strata company that were entered into before commencement day, but not until the end of the 6‑month grace period.

        (5)         This regulation does not apply to a volunteer strata manager or to a volunteer agreement with a volunteer strata manager.

        Note for this regulation:

                Schedule 5 clause 13(3) of the Act provides that a contract or volunteer agreement with a strata company ceases to have effect 6 months after commencement day unless the contract or volunteer agreement then meets the requirements set out in section 145 (the strata management contract requirements).