---
title: "Identify the Act and the by-law power before advising"
url: "https://ailawframework.com/practice/strata-and-community-titles/identify-the-governing-statute-and-the-by-law-or-scheme-rule-power-befor/australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A47-R20260922-1-AU"
practice_area: "Strata & Community Titles"
tier: "red"
lawyer_review: "required"
jurisdictions: ["AU"]
last_reviewed: "2026-09-23"
---

# Identify the Act and the by-law power before advising

> Extract the plan number, the state and the by-law headings from the papers into a cover sheet for the lawyer.

Canonical page: https://ailawframework.com/practice/strata-and-community-titles/identify-the-governing-statute-and-the-by-law-or-scheme-rule-power-befor/australia  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Strata & Community Titles](https://ailawframework.com/practice/strata-and-community-titles.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Extract the plan number, the state and the by-law headings from the papers into a cover sheet for the lawyer. |
| What the lawyer must review | Identify the governing Act yourself Decide the by-law question Treat the cover sheet only as an index of the papers |
| Written for | Australia |
| Applies to | [Identify the governing statute and the by-law or scheme-rule power before advising](https://ailawframework.com/practice/strata-and-community-titles/identify-the-governing-statute-and-the-by-law-or-scheme-rule-power-befor.md) |

## Checking plan

**Lawyer-led judgement**

The cover sheet lists what the papers say the scheme is. The lawyer decides which Act applies and whether the by-law is within power.

- What the AI does: Extract the plan number, the state and the by-law headings from the papers into a cover sheet for the lawyer.
- What the lawyer does: Open the current Act for that state or territory and decide whether the by-law is authorised. Do not adopt a generated statement of the law.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Planning guidance checked against the linked public sources on 22 September 2026. Confirm the current instrument before reliance.
- Why: The traffic light follows the consequence of an error and how much of the output the lawyer must check before it is used.
- Restriction: The lawyer leads the substantive decision. Any assistance stays inside the preparation described for this task.

## Checks the lawyer makes

1. Record the plan identifier and the state from the document, not from memory.
2. Open the in-force Act and the registered by-law before any advice is given.
3. Do not carry a section number from a precedent in another jurisdiction.
4. The lawyer writes the conclusion. The index stops at what the papers contain.

## Notes

- Suggested working checks from the linked public sources. Read the source and confirm it applies to this forum and this date. The checks do not approve software or record that the work is done.

## Practical guide

Jurisdiction: The Australian state or territory of the strata, community or unit plan

**Deliverable**: A cover sheet with plan number, location, registered by-law headings and the Act the lawyer has opened.

**Inputs**

- The registered plan and by-laws
- The state or territory
- The question the client asked

**Example**: Papers that say “special by-law” may be using a New South Wales phrase for a building in another state. The cover sheet records the phrase. It does not translate it.

**Stop and escalate when**

- The state of the plan is unknown.
- The draft states that a by-law is valid or invalid.

Checked 2026-09-22.

## Sources

- [NSW Government: strata](https://www.nsw.gov.au/housing-and-construction/strata) (checked 2026-09-22)
- [Owners Corporations Act 2006 (Vic)](https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006) (checked 2026-09-22)
- [Body Corporate and Community Management Act 1997 (Qld)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-1997-028) (checked 2026-09-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*