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External regulation

Recommendation 28: Independent Registrar

Amend the Act to provide for an Independent Registrar with powers and functions that include maintaining the share register, to provide assistance to the Trusts in complying with the Act, to mediate, conciliate or arbitrate disputes, and to investigate complaints, in addition to other functions recommended in this Final Report.

Support in principle.

Subject to further scoping and cost analysis.

This recommendation will be further considered for implementation in phase two.


Recommendation 29: Reporting to the Minister

1. Delete s 18E of the Act requiring the Trusts to prepare a report into the economic and social wellbeing of the community of residents.

2.  Amend the Act to require the Trusts to prepare a three-year or longer Strategic Plan and for that document to be included in the documents required to be provided to the Minister under s 23S of the Act.

Support in full.

With the inclusion of additional requirements to outline what the Strategic Plan should include.

This recommendation will be implemented in phase one.


Recommendation 30: Copy of the share register to be provided to the Minister

Section 23S of the Act be amended to require that a copy of the share register as at the date of the AGM be included in the documents to be provided to the Minister.

Support in full.

With the inclusion of additional requirements to permit the Minister to request a copy of the share register at any time.

This recommendation will be implemented in phase one.


Recommendation 31: Investigations

Amend the Act to provide the Minister or Registrar with the power to undertake an investigation of a Trust with a view to reporting on whether there has been a breach of the Act or any law in relation to the management of the Trust or circumstances which may constitute a basis for appointing an administrator.

Support in full.

This recommendation will be implemented in phase one.

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