146Home owner or operator may apply for mediation

146 Home owner or operator may apply for mediation

146 Home owner or operator may apply for mediation

(1) A home owner, former home owner or operator may apply to the Commissioner for mediation of a matter.

(2) The matter must be one for which orders can be sought from the Tribunal but which is not currently the subject of proceedings before the Tribunal.

(3) The application must be—

(a) made in the approved form, and

(b) accompanied by the prescribed fee (if any), and

(c) made within the period (if any) prescribed by the regulations.

(4) The matter is referred for mediation when the application is made, unless and until the Commissioner rejects the application under subsection (5).

(5) The Commissioner may reject the application if—

(a) the application or the matter is vexatious, misconceived, frivolous or lacking in substance, or

(b) the applicant has not responded, or has responded inadequately, to a request by the Commissioner for further information, or

(c) the matter has been or is currently the subject of mediation or proceedings before the Tribunal and the Commissioner is of the opinion that further action is not warranted.

(6) An application for mediation may be made under this Division by—

(a) one or more individual home owners in a particular community, or

(b) one or more nominated representatives of a group of home owners in a particular community, in respect of a matter arising out of the same or similar facts or circumstances.