51AParties may agree to pay amounts into and out of Domestic Building Dispute Resolution Victoria Trust Fund

51A Parties may agree to pay amounts into and out of Domestic Building Dispute Resolution Victoria Trust Fund (1) The parties to a domestic building work dispute may agree that a party is to pay an amount into the Domestic Building Dispute Resolution Victoria Trust Fund. (2) The agreement must— (a) be in writing; and (b) set out the conditions for payment of the amount into and out of the Fund. (3) The agreement must not— (a) be inconsistent with any dispute resolution order issued in relation to the work that is the subject of the dispute; or (b) relate to money paid into the Fund in compliance with a dispute resolution order. S. 51A(4) amended by No. 17/2025 s. 20. (4) If a party to a domestic building work dispute has paid money into the Fund under this section, the parties to the dispute may by agreement give written notice to the Authority to pay some or all of that money out of the Fund. S. 51A(5) amended by No. 17/2025 s. 20. (5) The Authority may pay money out of the Fund in accordance with the directions in the notice. S. 51B (Heading) amended by No. 17/2025 s. 21(1). S. 51B inserted by No. 47/2019 s. 27. 51B Authority may pay amounts out of Domestic Building Dispute Resolution Victoria Trust Fund on the recommendation of the chief dispute resolution officer (1) This section applies if— (a) a party to a domestic building work dispute has paid money into the Domestic Building Dispute Resolution Victoria Trust Fund under section 51A(1); and S. 51B(1)(b) amended by No. 17/2025 s. 21(2). (b) the parties to the domestic building work dispute are unable to agree to give written notice to the Authority under section 51A(4). S. 51B(2) amended by No. 17/2025 s. 21(2). (2) The Authority, on the recommendation of the chief dispute resolution officer, may pay some or all of the money out of the Fund. S. 51B(3) amended by No. 17/2025 s. 21(2). (3) In making a recommendation to the Authority under subsection (2), the chief dispute resolution officer must be satisfied that— (a) the conditions for payment of that amount out of the Fund under section 51A(2)(b) have been met; and (b) payment of that amount out of the Fund is appropriate; and (c) failure to pay that amount out of the Fund would be unfair and cause detriment to at least one of the parties to the domestic building work dispute. S. 51B(4) amended by No. 17/2025 s. 21(2). (4) If the Authority proposes to pay money out of the Fund in accordance with subsection (2), the Authority must give written notice to the parties to the domestic building work dispute of the intention to pay that amount out of the Fund. (5) A notice under subsection (4) must state that a party to the domestic building work dispute may apply to VCAT within 10 business days after receiving the notice for review of the decision to pay money out of the Fund.