Queensland Numbered Acts

BODY CORPORATE AND COMMUNITY MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 11 - SECT 26

Section 241--

omit, insert--

'(1) The commissioner may reject an application if--

(a) the outcome sought is not within the jurisdiction of a dispute resolution officer; or

(b) for a conciliation application--the commissioner considers the dispute is not appropriate for department conciliation; or

(c) the commissioner reasonably believes the applicant has not made a reasonable attempt to resolve the dispute by--

(i) for a conciliation application--internal dispute resolution; or

(ii) for an adjudication application--internal dispute resolution or department conciliation; or

(d) the applicant fails, without reasonable excuse, to comply with a practice direction made under section 233 about internal dispute resolution; or

(e) the applicant fails, without reasonable excuse, to comply with a requirement of the commissioner under section 240(1) about the application; or

(f) the commissioner is satisfied--

(i) a party to the application is no longer a person mentioned in section 227(1) for the dispute the subject of the application; and

(ii) the outcome sought by the application is no longer relevant or required.

'(2) The commissioner may also reject an application if--

(a) the commissioner--

(i) reasonably considers the applicant does not wish to proceed with the application; and

(ii) by written notice, informs the applicant that the application may be rejected unless the applicant, within 28 days after receiving the notice, advises the commissioner that the applicant wishes to proceed; and

(b) the applicant--

(i) advises the commissioner that the applicant does not wish to proceed; or

(ii) does not respond to the notice within the period mentioned in subparagraph (a)(ii).

'(3) To remove any doubt, it is declared that the commissioner may accept an application that the commissioner may reject under subsection (1)(c) or (d) if the commissioner considers the acceptance appropriate in the circumstances.

Examples of circumstances--

the application is for a declaratory order, or for authorisation for emergency expenditure

there is a threat of violence between the parties to the application

'If the commissioner decides to reject an application, the commissioner must immediately give the applicant a written notice stating--

(a) the decision; and

(b) the reasons for the decision; and

(c) that the applicant may appeal against the decision to the District Court within 6 weeks after the applicant receives the notice.'.