Queensland Consolidated Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 252H

252H Referral back to commissioner

(1) The department conciliator must refer the application back to the commissioner if the conciliator considers there is no further action the conciliator can take in the department conciliation session because, for example—

(a) a party to the application does not make reasonable attempts to participate in the session; or

(b) a party to the application does not attend or withdraws from the session; or

(c) no agreement is reached at the session; or

(d) agreement is reached at the session; or

(e) the department conciliator reasonably believes the matter is not appropriate for department conciliation; or

(f) the subject of the application is a debt dispute, and a proceeding between the parties to the application has been started before QCAT or in a court of competent jurisdiction in relation to the subject matter of a debt dispute; or

(g) the subject of the application is a related dispute to a debt dispute.

(2) In referring the application back to the commissioner under subsection (1) , the department conciliator must inform the commissioner of the reason for the referral.

(3) The department conciliator must give the applicant a certificate signed by the conciliator stating—

(a) that the application has been referred back to the commissioner; and

(b) the reason for the referral.