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RESIDENTIAL TENANCY ACT 1997 - SECT 29F Lodging disputes

RESIDENTIAL TENANCY ACT 1997 - SECT 29F

Lodging disputes

(1)  A tenant may dispute a claim form by lodging with the Commissioner a dispute –
(a) if the tenant has received a claim form from the owner, at any time before a relevant claim form is lodged with the Authority; or
(b) in all other cases, within 10 days after the lodgment of a relevant claim form with the Authority.
(2)  A deposit contributor or owner may dispute a claim form by lodging with the Commissioner a dispute within 10 days after the lodgment of a relevant claim form with the Authority.
(3)  A dispute is to –
(a) be in writing; and
(b) include or be accompanied by any information to support the dispute; and
(c) be accompanied by the prescribed fee.
(4)  The Commissioner may accept the lodgment of a dispute after the period specified in subsection (1) or (2) has expired at his or her discretion but only if –
(a) the Authority has not already made a disbursement of the security deposit; or
(b) the security deposit has not been forfeited to the Authority.
(5)  If a matter in respect of a claim form is referred to the Commissioner by the Authority under section 29C(2) , the owner who lodged the claim form is required to pay the fee prescribed under subsection (3)(c) as if he or she had lodged the dispute.
(6)  On receipt of a dispute, the Commissioner –
(a) is to notify, in writing, the Authority of the dispute within 24 hours after it is lodged; and
(b) is to take all reasonable steps to notify, in writing, each tenant, deposit contributor and owner who is known to the Commissioner of the lodging of the dispute and their right to make written submissions in respect of the dispute within the time specified in the notice; and
(c) may require the Authority and any such tenant, deposit contributor and owner to provide the Commissioner with information and documentation relevant to the dispute.
(7)  The Authority, a tenant, a deposit contributor or an owner must comply with a requirement made under subsection (6)(c) .
(8)  If a tenant, deposit contributor or owner fails to comply with a requirement made under subsection (6)(c) , he, she or it is guilty of an offence and is liable on conviction to a fine not exceeding 10 penalty units.
(9)  Each owner, tenant and deposit contributor in respect of a residential tenancy agreement is a party to a dispute relating to the claim form in respect of the termination of that agreement.
(10)  A party other than the person who lodged the dispute may provide written submissions and other documents to the Commissioner in respect of the dispute on payment of the prescribed fee.
(11)  The Commissioner may waive the whole or any part of a fee payable under this section.