NSWIn ForceAct
Community Land Management Act 2021
188Certain applications cannot be accepted without prior mediation
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#### 188 Certain applications cannot be accepted without prior mediation
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—
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> > > (a) mediation by the Secretary under Division 2 or otherwise has been attempted but was not successful, or
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> > > (b) a party refused to participate in the mediation, or
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> > > (c) the registrar considers that mediation is unnecessary or inappropriate in the circumstances.
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> > (2) The registrar must inform an applicant that the applicant should arrange for mediation if the registrar rejects an application under this section.
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> > (3) The applicant may arrange for mediation under Division 2 or otherwise.
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> > (4) This section does not apply to applications for the following orders—
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> > > (a) an order to appoint, or requiring the appointment of, a managing agent,
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> > > (b) an order varying or revoking an order that varies or revokes another order by the Tribunal,
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> > > (c) an order with respect to waiving, varying or extinguishing a restriction relating to the initial period,
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> > > (d) an order replacing unit entitlements,
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> > > (e) an order with respect to access to a lot by the association to inspect or repair association property,
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> > > (f) an order seeking provision of records to an association by a former managing agent,
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> > > (g) an order with respect to the inspection of records of an association,
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> > > (h) an order imposing a monetary penalty and any associated order as to the payment of costs.
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> **s 188:** Am 2023 No 7, Sch 1.1\[1\].