Home/Legislation/UTS Act 2009/Schedule 1
Schedule 1 Codes of Conduct
As at 27 November 2023. © Northern Territory of Australia. Reproduced from the Northern Territory Legislation website (legislation.nt.gov.au) under the Territory's copyright policy for legislation. This is not an official version; the official version is on the Territory's website.
© Northern Territory of Australia. Licence. Endnotes (legislative history) removed; structure rebuilt from the Word styles. Text otherwise verbatim. Authoritative version: legislation.nt.gov.au.
sections 77, 92 and 93
Part 1 Code of conduct for committee members
section 77
1Application#
This code applies to a committee member of a scheme.
2Compliance with Act#
The committee member must comply with this Act in relation to the scheme.
3Honesty, fairness and confidentiality#
(1) The committee member must act honestly and fairly in relation to the scheme.
(2) Without limiting subclause (1), the committee member must not unlawfully disclose to anyone confidential information held by the body corporate (including, for example, confidential information about a unit owner or unit occupier).
4Improper conduct#
The committee member must not engage in conduct that would unreasonably affect a person's lawful enjoyment of the scheme land.
5Conflict of interests#
The committee member must disclose to the committee any conflict of interests the member might have in relation to a matter before the committee.
Part 2 Code of conduct for body corporate manager and caretaking service contractor
section 92
1Application#
This code applies to a person who is acting as the body corporate manager or a caretaking service contractor of a scheme.
2Compliance with Act#
The person must comply with this Act in relation to the scheme.
3Honesty, fairness and professionalism#
The person must act honestly, fairly and professionally in relation to the scheme.
4Skill, care and diligence#
The person must exercise reasonable skill, care and diligence in relation to the scheme.
5Acting in best interests of body corporate#
The person must act in the best interests of the body corporate unless it is unlawful to do so.
6Keeping body corporate informed#
The person must keep the body corporate reasonably informed of a matter concerning the body corporate.
7Ensuring others comply with Act#
The person must take reasonable steps to ensure everyone employed or engaged by the person for the scheme complies with this Act.
8Misleading conduct#
The person must not engage in misleading conduct in relation to the scheme.
9Unconscionable conduct#
(1) The person must not engage in unconscionable conduct in relation to the scheme.
(2) Without limiting subclause (1), each of the following is unconscionable conduct in relation to the scheme:
(a) requiring the body corporate to comply with conditions that are unlawful;
(b) exerting undue influence on the body corporate or a unit owner or unit occupier;
(c) using unfair tactics against the body corporate or a unit owner or unit occupier.
10Supply at competitive prices#
The person must ensure goods and services arranged by the person to be supplied for the scheme are supplied at competitive prices.
11Conflict with obligations#
The person must not enter into any arrangement that conflicts with the person's obligations in relation to the scheme.
12Record keeping#
(1) The body corporate or committee may require the person to produce records kept by the person for the scheme under this Act.
(2) The person must comply with the request.
Part 3 Code of conduct for letting agent
section 93
1Application#
This code applies to a person who is acting as a letting agent of a scheme.
2Compliance with Act#
The person must comply with this Act in relation to the scheme.
3Honesty, fairness and professionalism#
The person must act honestly, fairly and professionally in relation to the scheme.
4Skill, care and diligence#
The person must exercise reasonable skill, care and diligence in relation to the scheme.
5Acting in best interests of body corporate and unit owners#
The person must act in the best interests of the body corporate and unit owners unless it is unlawful to do so.
6Ensuring others comply with Act#
The person must take reasonable steps to ensure everyone employed or engaged by the person for the scheme complies with this Act.
7Misleading conduct#
The person must not engage in misleading conduct in relation to the scheme.
8Unconscionable conduct#
(1) The person must not engage in unconscionable conduct in relation to the scheme.
(2) Without limiting subclause (1), each of the following is unconscionable conduct in relation to the scheme:
(a) exerting undue influence on the body corporate or a unit owner or unit occupier;
(b) using unfair tactics against the body corporate or a unit owner or unit occupier.
9Improper conduct#
The person must not engage in conduct that would unreasonably affect a person's lawful enjoyment of the scheme land.
10Supply at competitive prices#
The person must ensure goods and services arranged by the person to be supplied for the scheme are supplied at competitive prices.