New South Wales Consolidated Acts

HOMEFUND RESTRUCTURING ACT 1993 - SECT 15

15 Other relief

(1) Claims against the Crown and others extinguished The Crown, FANMAC, the FANMAC trustee and a co-operative housing society, including any persons acting on their behalf, are not subject to any action, liability, claim or demand (and a determination may not be made) in respect of:

(a) any HomeFund mortgage, or

(b) any transaction relating to, preliminary to or arising from any HomeFund mortgage, or

(c) the promotion, origination or management of any HomeFund mortgage or related HomeFund scheme.

(2) Restricted determinations may be made The HomeFund Commissioner may however make a determination under the HomeFund Commissioner Act 1993 about a complaint or part of a complaint by a HomeFund borrower who is eligible to participate in the restructuring scheme, or a HomeFund borrower who has refinanced a HomeFund mortgage, but (except as provided by this section) may do so only if the determination relates to a complaint or part of a complaint listed in Schedule 2 or specified in the regulations.

(3) Limit on type of relief The Commissioner may not, in making such a determination, make a determination referred to in section 25 (3) (a), (b) or (c) of the HomeFund Commissioner Act 1993 , which relate to altering mortgages and entering into new mortgages.

(4) Statutory remedies Subsection (1) extends to, but is not limited to, claims under the Contracts Review Act 1980 , the Consumer, Trader and Tenancy Tribunal Act 2001 or the Fair Trading Act 1987 .

(5) Rights of protected borrowers (other than rights to determinations) This section does not affect the rights (other than the right to have a determination made) of a person:

(a) who is categorised as Category C or D, as set out in Schedule 1, unless and until the person receives assistance of a kind set out in Category B or C, or

(b) who has ceased to be a HomeFund borrower (otherwise than by means of refinancing) and has not been granted assistance under the restructuring scheme.

(6) Rights of protected borrowers to determinations This section does not affect the rights to have a determination made under the HomeFund Commissioner Act 1993 of a person who is categorised as Category B, C or D as set out in Schedule 1, unless and until the person receives assistance of a kind set out in Category B.

(7) Rights of protected borrowers who have left the HomeFund scheme to determinations This section does not affect the rights to have a determination made under the HomeFund Commissioner Act 1993 of a person who has ceased to be a HomeFund borrower (otherwise than by means of refinancing) and has not been granted assistance under the restructuring scheme.

(8) Payment of money payable under a determination The HomeFund Commissioner may, in making a determination that an amount of money is payable to a person who is categorised as Category B, as set out in Schedule 1, require that the money is paid in reduction of the debt under the HomeFund mortgage.

(9) Other relief to be taken into account Any determination made by the HomeFund Commissioner in favour of a HomeFund borrower must have due regard to any assistance that has been granted to the person, or to which the person is entitled or for which the person is eligible, under the restructuring scheme.