29FLodging disputes

29F Lodging disputes

[Section 29F Inserted by No. 59 of 2005, s. 7, Applied:01 Jul 2009]

(1)  A tenant may dispute a claim form by lodging with the Commissioner a dispute –

(a) if the tenant has received a claim form from the owner, at any time before a relevant claim form is lodged with the Authority; or

(b) in all other cases, within 10 days after the lodgment of a relevant claim form with the Authority.

(2)  A deposit contributor or owner may dispute a claim form by lodging with the Commissioner a dispute within 10 days after the lodgment of a relevant claim form with the Authority.

(3)  A dispute is to –

(a) be in writing; and

(b) include or be accompanied by any information to support the dispute; and

(c) be accompanied by the prescribed fee.

(4)  The Commissioner may accept the lodgment of a dispute after the period specified in subsection (1) or (2) has expired at his or her discretion but only if –

(a) the Authority has not already made a disbursement of the security deposit; or

(b) the security deposit has not been forfeited to the Authority.

(5)  If a matter in respect of a claim form is referred to the Commissioner by the Authority under section 29C(2) , the owner who lodged the claim form is required to pay the fee prescribed under subsection (3)(c) as if he or she had lodged the dispute.

(6)  On receipt of a dispute, the Commissioner –

(a) is to notify, in writing, the Authority of the dispute within 24 hours after it is lodged; and

(b) is to take all reasonable steps to notify, in writing, each tenant, deposit contributor and owner who is known to the Commissioner of the lodging of the dispute and their right to make written submissions in respect of the dispute within the time specified in the notice; and