New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 2021 - SECT 188

188 Certain applications cannot be accepted without prior mediation

(1) A registrar must not accept an application made to the Tribunal under this Act unless--

(a) mediation by the Secretary under Division 2 or otherwise has been attempted but was not successful, or

(b) a party refused to participate in the mediation, or

(c) the registrar considers that mediation is unnecessary or inappropriate in the circumstances.

(2) The registrar must inform an applicant that the applicant should arrange for mediation if the registrar rejects an application under this section.

(3) The applicant may arrange for mediation under Division 2 or otherwise.

(4) This section does not apply to applications for the following orders--

(a) an order to appoint, or requiring the appointment of, a managing agent,

(b) an order varying or revoking an order that varies or revokes another order by the Tribunal,

(c) an order with respect to waiving, varying or extinguishing a restriction relating to the initial period,

(d) an order replacing unit entitlements,

(e) an order with respect to access to a lot by the association to inspect or repair association property,

(f) an order seeking provision of records to an association by a former managing agent,

(g) an order with respect to the inspection of records of an association,

(h) an order imposing a monetary penalty and any associated order as to the payment of costs.