Victorian Current Acts

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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49G

Payment out of Domestic Building Dispute Resolution Victoria Trust Fund

    (1)     The Director may pay out of the Domestic Building Dispute Resolution Victoria Trust Fund an amount paid into the Fund in compliance with a dispute resolution order.

    (2)     In determining whether a dispute resolution order or part of an order has been complied with, the Director may rely on a statement by the party who paid the amount into the Fund that the dispute resolution order or the part of the order has been complied with.

    (3)     If the Director proposes to pay an amount out of the Fund in accordance with subsection (1), the Director must give written notice to the parties to the domestic building work dispute of the intention to pay the amount out of the Fund.

    (4)     The notice must state that a party to the domestic building work dispute may apply to VCAT within 10 business days after receiving the notice for review of the decision to pay the amount out of the Fund.

    (5)     The party to the dispute who paid the money into the Fund may give written consent to the payment of the amount out of the Fund to the other party to the dispute or a person authorised by the other party.

    (6)     The Director must pay the amount out of the Fund on the first of the following to occur—

        (a)     the receipt by the Director of the written consent under subsection (5);

        (b)     the end of the prescribed period.

    (7)     In this section—

"prescribed period" means the later of—

        (a)     the period for making an application for review of the decision to pay the amount from the Fund; or

        (b)     if an application for review is made, the period until a determination is made affirming that decision.

Subdivision 2—Amendment or cancellation of dispute resolution order

S. 49H inserted by No. 15/2016 s. 6.



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