Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 13

Procedure for resolving claims

13. Procedure for resolving claims



(1) Subject to this section, the procedures approved under this section as in
force immediately before the appointed day for the handling and resolution of
claims apply (with any necessary modifications) to the handling and resolution
of claims by VMIA under this Part.

(2) If-

   (a)  a claim has been made to the approved guarantor before the appointed
        day or to VMIA on or after the appointed day for loss or damage; and

   (b)  the claimant has also brought legal proceedings against the builder or
        supervisor involved in the claim-

VMIA must proceed to make a decision in respect of the claim if the matters in
dispute in the legal proceedings do not include any matter to which the claim
relates.

(3) If-

   (a)  the approved guarantor, before the appointed day, or VMIA on or after
        the appointed day has made an offer in respect of a claim by a person
        for loss or damage; and





   (b)  within 6 months after the offer was made the offer has not been
        accepted or rejected-

VMIA may refer the matter to the Tribunal and the Tribunal must treat the
matter as if the claimant had not been satisfied with the offer and had
appealed to it under section 16.

(4) VMIA may from time to time submit to the Minister for approval the
procedures it proposes to adopt in the handling and resolution of claims under
this Part.

(5) VMIA may propose to adopt as part of its procedures-

   (a)  the requirement that a claim be made in a particular way; and

   (b)  the requirement that a claimant supply to it a statutory declaration
        made by the claimant verifying any information supplied to VMIA by the
        claimant in respect of a claim.

(6) The Minister must consult with the Minister administering the
Victorian Managed Insurance Authority Act 1996 before approving the
procedures.

(7) The Minister may approve the procedures with or without amendment.

(8) VMIA must adopt the procedures approved by the Minister.

(9) A procedure does not take effect unless it has been approved by the
Minister.