127OAdministrator may dismiss lodgment in certain

127O Administrator may dismiss lodgment in certain circumstances (1) The administrator may decide not to undertake dispute resolution in relation to a dispute referred to or lodged with the administrator if 1 or more of the following applies: (a) the lodging party does not comply with a requirement in the request made under section 127N (3); (b) the administrator is satisfied the lodging party failed, without reasonable excuse, to take reasonable steps to resolve the dispute before lodgment; (c) the dispute relates to a security of payment dispute under the Building and Construction Industry (Security of Payment) Act 2009; (d) the dispute relates to a decision of an authorised insurer or fidelity fund manager under this Act; (e) the administrator believes on reasonable grounds there is no reasonable likelihood of the dispute being settled by dispute resolution; (f) the dispute is frivolous, vexatious, or was not made in good faith; (g) the lodging party has, in writing, withdrawn the dispute; (h) the dispute has been resolved.

(2) However, the administrator must dismiss a dispute if the dispute is a kind prescribed by regulation as a residential building dispute that must not be resolved by dispute resolution. (3) If the administrator dismisses a dispute, the administrator must give the lodging party a statement of reasons for the decision. Note For what must be included in a statement of reasons, see the Legislation Act, s 179.