77Director to give notice of mediation

77 Director to give notice of mediation

(1)  As soon as practicable after an application for mediation is made to the Director under section 76(1) , the Director must –

(a) accept the application; or

(b) refuse to accept the application.

(2)  If the Director accepts an application for mediation under subsection (1)(a) , the Director must, as soon as practicable after that application is accepted –

(a) nominate a mediator to mediate the retail tenancy dispute; and

(b) give written notice to the parties to the retail tenancy dispute setting out –

(i) the mediator nominated to mediate the dispute; and

(ii) the time, date and place of the mediation conference to be conducted by the mediator; and

(iii) a brief description of the nature of the application.

(3)  A mediation conference date must be at least 7 days after the written notice is given in accordance with subsection (2)(b) .

(4)  The Director may refuse to accept an application under subsection (1)(b) only if the Director is satisfied that –

(a) the party to the retail lease that is making the application has not reasonably attempted to resolve the retail tenancy dispute; or

(b) the application does not contain relevant grounds for the retail tenancy dispute; or

(c) the application is frivolous or vexatious.

(5)  A person who is aggrieved by a decision made by the Director under subsection (4) may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.