161Conciliation and mediation

161 Conciliation and mediation

(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

162 VCAT may hear and determine disputes

VCAT may hear and determine a dispute or other matter arising under this Act or the regulations or the rules of an owners corporation that affects an owners corporation (an owners corporation dispute) including a dispute or matter relating to—

(a) the operation of an owners corporation; or

(b) an alleged breach by a lot owner or an occupier of a lot of an obligation imposed on that person by this Act or the regulations or the rules of the owners corporation; or

S. 162(c) amended by No. 4/2021 s. 68(a).

(c) the exercise of a function by a manager in respect of the owners corporation; or

S. 162(d) inserted by No. 4/2021 s. 68(b).

(d) a term of a contract of appointment of the manager of an owners corporation, including whether a term is fair; or

S. 162(e) inserted by No. 4/2021 s. 68(b).

(e) the disposal by an owners corporation of goods abandoned on the common property.