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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 46E

Certificate of conciliation—dispute accepted for conciliation

S. 46E(1) amended by No. 47/2019 s. 13(1).

    (1)     The chief dispute resolution officer must issue a certificate of conciliation in relation to the domestic building work dispute as soon as practicable if the chief dispute resolution officer is satisfied that the dispute has not been resolved.

    (2)     The certificate of conciliation must state that—

        (a)     the chief dispute resolution officer had received a referral of a domestic building work dispute; and

        (b)     the chief dispute resolution officer had accepted the dispute for conciliation; and

S. 46E(2)(c) substituted by No. 47/2019 s. 13(2).

        (c)     the dispute has not been resolved under one of the following grounds—

              (i)     the dispute was not resolved by conciliation;

              (ii)     the dispute is no longer suitable for conciliation;

              (iii)     there is contested non-compliance with a record of agreement or a dispute resolution order.

    (3)     The certificate of conciliation must include a statement of the reasons why the dispute was not resolved which may include a statement by the chief dispute resolution officer that in the chief dispute resolution officer's opinion an identified party did not participate in the conciliation or did not participate in good faith.

    (4)     The chief dispute resolution officer must give a copy of the certificate of conciliation as soon as practicable to each party to the domestic building work dispute.

S. 46E(5) repealed by No. 47/2019 s. 13(3).

    *     *     *     *     *

S. 46F inserted by No. 15/2016 s. 6.



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