The Property Developers Act 2024 gives the Government powers to issue rectification orders against developers, builders, or both jointly to rectify serious defects during and post construction. If the property developer corporation is wound up, in liquidation or deregistered, the Registrar may issue a rectification order to a director of the corporation, following the process and considerations set out in the Act. Note that this applies to directors of a corporation under the Corporations At 2001 (Cth), and not to incorporated associations.
Access Canberra will consider all regulatory options under the legislation during any investigation, however individual directors would not be considered the primary focus or identified entity to pursue in the initial stage of determining the appropriate course of enforcement. Directors may be contacted to assist with any inquiries at the initial stage of an investigation if deemed appropriate by Access Canberra.
Individual directors should seek their own independent advice, including whether there are insurance or indemnity options available with the Club.
