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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49A Matters to be considered by chief dispute resolution officer before issuing dispute resolution order

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49A

Matters to be considered by chief dispute resolution officer before issuing dispute resolution order

    (1)     In determining whether to issue a dispute resolution order, the chief dispute resolution officer may consider the following matters—

        (a)     any change in the nature of the domestic building work dispute or the circumstances of the parties since the copy of the assessor's report was given to the chief dispute resolution officer under Division 5, including the extent of any partial performance of an action specified in a record of agreement;

        (b)     the conduct of the parties during the conciliation (if applicable);

        (c)     any direction to fix building work given under Division 2 of Part 4 of the Building Act 1993 in relation to the building work that is the subject of the dispute;

        (d)     any other matter the chief dispute resolution officer considers relevant.

    (2)     In addition to the matters in subsection (1), the chief dispute resolution officer may consider whether the issuing of a dispute resolution order to a person would be unfair or unreasonable in the circumstances.

S. 49B inserted by No. 15/2016 s. 6.