DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45C Acceptance or rejection of referral

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45C

S. 45C(1) repealed by No. 47/2019 s. 8(1).

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S. 45C(2) amended by No. 47/2019 s. 8(2).

    (2)     The chief dispute resolution officer may—

        (a)     accept the referral; or

        (b)     reject the referral if the chief dispute resolution officer assesses that the dispute is not suitable for conciliation.

    (3)     The chief dispute resolution officer may assess a referred dispute as not suitable for conciliation if—

S. 45C(3)(a)(b) repealed by No. 48/2018 s. 44.

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        (c)     the referring party has not provided any information, documents or evidence requested or required under section 45B or has not provided them within the time required by the conciliation officer; or

        (d)     the referring party has failed without reasonable excuse to take reasonable steps to resolve the dispute before the referral; or

S. 45C(3)(e) repealed by No. 48/2018 s. 44, new s. 45C(3)(e) inserted by No. 47/2019 s. 8(3).

        (e)     the dispute relates to a construction contract within the meaning of section 4 of the Building and Construction Industry Security of Payment Act 2002 where the building owner is in the business of building residences and the contract is entered into in the course of, or in connection with, that business and one of the following applies—

              (i)     the dispute is the subject of an adjudication application under Division 2 of Part 3 of that Act which is yet to be determined;

              (ii)     the dispute is the subject of a review under Division 2A of Part 3 of that Act which is yet to be determined;

              (iii)     the dispute has been resolved under that Act; or

        (f)     there is no reasonable likelihood of the dispute being settled by conciliation for any reason other than because no other party is willing to engage in the conciliation; or

        (g)     the referral—

              (i)     is frivolous or otherwise lacking in substance; or

              (ii)     is vexatious; or

              (iii)     was not made in good faith; or

        (h)     the dispute has been resolved.

S. 45D inserted by No. 15/2016 s. 6.