DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 46A How may conciliation be conducted?

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 46A

    (1)     This section applies if a conciliation officer decides to conduct a conciliation conference.

    (2)     The conciliation conference may be conducted—

        (a)     by attendance of the parties in person at a place that is reasonably convenient for the parties, which may be the building site at which the domestic building work that is the subject of the dispute is being or was carried out or elsewhere; or

        (b)     by post or by teleconference or other electronic communication; or

        (c)     by a combination of the methods in paragraphs (a) and (b).

    (3)     The conciliation officer must give written notice of the conciliation conference to each party to the dispute.

    (4)     The notice must specify—

        (a)     the date and time of the conference; and

        (b)     if the conference is to be conducted at a particular place, that place; and

        (c)     if the conference is to be held by post, the address or addresses to which written communications are to be sent; and

        (d)     if the conference is to be held by electronic communication, the method by which participation in the conference is to be effected.

    (5)     The notice must also include a statement advising the parties to the dispute that the chief dispute resolution officer may take the actions set out in sections 46E, 48B and 49 (and specified in the statement) if—

        (a)     the parties do not participate in the conciliation at the date, time and place and in the manner specified in the notice; and

        (b)     the matter in dispute concerns defective building work or an alleged failure to complete domestic building work.

S. 46B inserted by No. 15/2016 s. 6.