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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45F Certificate of conciliation—dispute not suitable for conciliation

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 45F

Certificate of conciliation—dispute not suitable for conciliation

    (1)     If the chief dispute resolution officer assesses a domestic building work dispute or a matter as not suitable for conciliation, the officer must issue a certificate of conciliation certifying that—

        (a)     the dispute or matter was referred under section 45; and

        (b)     the chief dispute resolution officer has assessed the dispute or matter as not suitable for conciliation.

S. 45F(2) repealed by No. 48/2018 s. 46(1).

    *     *     *     *     *

    (3)     The certificate of conciliation must specify the chief dispute resolution officer's reasons for assessing the domestic building work dispute or matter as not suitable for conciliation.

S. 45F(4) amended by No. 48/2018 s. 46(2).

    (4)     The chief dispute resolution officer must give a certificate of conciliation as soon as practicable to each party to the dispute.

S. 45F(4A) inserted by No. 47/2019 s. 9.

    (4A)     Within 10 days after receiving a certificate of conciliation under subsection (4), the referring party may make a written submission to the chief dispute resolution officer in relation to the chief dispute resolution officer's decision to issue the certificate of conciliation.

S. 45F(4B) inserted by No. 47/2019 s. 9.

    (4B)     On receiving a written submission under subsection (4A), the chief dispute resolution officer must ensure that a conciliation officer

        (a)     reviews the submission; and

        (b)     makes a recommendation to the chief dispute resolution officer to confirm or revise the chief dispute resolution officer's decision to issue the certificate of conciliation.

S. 45F(4C) inserted by No. 47/2019 s. 9.

    (4C)     After considering the conciliation officer's recommendation under subsection (4B), the chief dispute resolution officer may confirm or revise the chief dispute resolution officer's decision to issue the certificate of conciliation.

S. 45F(4D) inserted by No. 47/2019 s. 9.

    (4D)     The chief dispute resolution officer must give written notice to the referring party of a decision under subsection (4C) within 10 business days after the decision is made.

    (5)     A party to a domestic building work dispute may apply to VCAT for review of a failure by the chief dispute resolution officer to issue a certificate of conciliation under this section.

S. 45G inserted by No. 15/2016 s. 6.