(1) The Director may refer to a consumer affairs employee for conciliation or mediation any dispute (which is reasonably likely to be settled) between any of the following that arises in relation to the operation of the owners corporation—
(a) a current or former lot owner;
(b) mortgagee of a lot;
(c) an insurer;
(d) an occupier of a lot;
(e) a purchaser of a lot;
S. 161(1)(ea) inserted by No. 34/2018 s. 6.
(ea) an agent provider;
(f) a manager of an owners corporation.
S. 161(2) amended by No. 21/2012 s. 239(Sch. 6 item 33.3).
(2) Subsection (1) does not apply to a dispute
under section 113(4) of the Australian Consumer Law and Fair Trading Act 2012
.
(3) If the whole or any part of a dispute under subsection (1) falls within the jurisdiction of any prescribed person or body, the Director must refer the dispute, or that part of the dispute, to the person within whose jurisdiction it falls.
(4) Subsection (1) applies whether or not a person has made a complaint.
(5) In this section—
consumer affairs employee means any person employed under Part 3 of the
Public Administration Act 2004 in the administration of this Act.
Part 11—Applications to VCAT
Division 1—Owners corporation disputes