12DCosts on review of decision to issue dispute resolution order

12D Costs on review of decision to issue dispute resolution order (1) This clause applies despite section 109. (2) This clause applies to an application to the Tribunal for review of a decision to issue a dispute resolution order. (3) If the applicant is the builder, the Tribunal may award costs against the builder if the determination of the Tribunal is— (a) to affirm the decision to issue the dispute resolution order; or (b) to vary the dispute resolution order to increase the obligations on the builder or decrease the obligations on the building owner. (4) If the applicant is the building owner, the Tribunal may award costs against the building owner if the determination of the Tribunal is— (a) to affirm the decision to issue the dispute resolution order, including a dispute resolution order that includes a finding referred to in section 49D(1) of the **Domestic Building Contracts Act 1995**; or (b) to vary the dispute resolution order to increase the obligations on the building owner or to decrease the obligations on the builder. (5) In determining whether to award costs under this clause, the Tribunal must consider— (a) whether the application was vexatious, frivolous or lacking in substance; and (b) any certificate of conciliation relating to the domestic building work dispute to which the dispute resolution order relates; and (c) any other matter the Tribunal considers relevant. Sch. 1 Pt 7 (Heading and cls 13–28) amended by Nos 51/2000 s. 27, 43/2006 s. 47(Sch. items 8.2–8.6), 14/2009 s. 18, substituted as Sch. 1 Pt 7 (Heading and cls 13–23) by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). Part 7—Equal Opportunity Act 2010 Sch. 1 cl. 13 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 13 Meaning of Commission ***Commission*** means the Victorian Equal Opportunity and Human Rights Commission. Sch. 1 cl. 14 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 14 Unincorporated associations can be parties (1) Section 61(1) does not apply to a proceeding under the **Equal Opportunity Act 2010**. Section 187 of the **Equal Opportunity Act 2010** contains provisions for unincorporated associations in proceedings under that Act. (2) An unincorporated association that is a party to a proceeding under the **Equal Opportunity Act** **2010** has the same right to representation in the proceeding as a body corporate. Sch. 1 cl. 15 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 15 Notification of commencement in certain section 89 matters (1) If the Tribunal proposes to grant, renew or revoke an exemption under section 89 of the **Equal** **Opportunity Act 2010** on its own initiative, it must notify, in any manner it thinks fit, all persons whose interests, in the opinion of the Tribunal, may be affected by the proposed grant, renewal or revocation. (2) For the purposes of subclause (1)— (a) ***interests*** means interests of any kind and is not limited to proprietary, economic or financial interests; (b) a reference to interests affected includes a reference to interests that are directly or indirectly affected and whether or not any other person's interests are also affected by the proposed grant, renewal or revocation. Sch. 1 cl. 16 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 16 Notification in proceedings for interim orders (1) If an application is made under section 121 of the **Equal Opportunity Act 2010** for an interim order, the principal registrar must notify the Commission. (2) Subclause (1) does not apply in the case of an application by the Commission under section 121 of the **Equal Opportunity Act 2010**. Sch. 1 cl. 17 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 17 Withdrawal of proceeding (1) Despite section 74(1), an applicant is not required to obtain the leave of the Tribunal to withdraw an application under the **Equal** **Opportunity Act** **2010**. Sch. 1 cl. 18 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 18 Summary dismissal of application more than 12 months old The Tribunal may make an order under section 76 summarily dismissing an application under the **Equal Opportunity Act 2010** in respect of an alleged contravention of Part 4, 6 or 7 of that Act if the alleged contravention occurred more than 12 months before the application was made. Sch. 1 cl. 19 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 19 Commission may apply for interim injunction The Commission may apply for an order granting an interim injunction under section 123 in a proceeding under the **Equal Opportunity** **Act** **2010** whether or not the Commission is a party to that proceeding. Sch. 1 cl. 20 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 20 Exemptions under section 89 (1) The Tribunal may determine to grant an exemption under section 89 of the **Equal** **Opportunity Act 2010** without a hearing whether or not the parties agree to dispense with the hearing. (2) For the avoidance of doubt, an exemption under section 89 of the **Equal Opportunity Act 2010** is not an order of the Tribunal. Sch. 1 cl. 21 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)). 21 Evidence of mediation not admissible even if parties agree (1) Evidence of anything said or done in the course of a mediation in a proceeding under the **Equal** **Opportunity Act 2010** is not admissible in any hearing before the Tribunal in the proceeding, whether or not the parties agree to the giving of the evidence. (2) Section 92 does not apply to a proceeding under the **Equal Opportunity Act 2010**. Sch. 1 cl. 22 substituted by No. 16/2010 s. 207 (as amended by No. 26/2011 ss 31, 34(Sch. items 9.7, 9.8)).