Victorian Numbered Regulations Victorian Numbered Regulations(1) A landlord or a tenant under an eligible lease may refer a dispute about the terms of the eligible lease arising in relation to a matter to which these Regulations apply (an eligible lease dispute ) to the Small Business Commission for mediation.
(2) A referral under subregulation (1) must be in writing.
(3) The Small Business Commission may, in relation to an eligible lease dispute, perform or exercise any of the functions or powers that the Commission has under the applicable mediation provisions in relation to the eligible lease dispute, and for that purpose, the applicable mediation provisions apply in relation to the eligible lease dispute as if—
(a) a reference in the applicable mediation provisions to a retail tenancy dispute were a reference to an eligible lease dispute; and
(b) a reference in the applicable mediation provisions to a retail premises lease were a reference to an eligible lease; and
(c) a reference in the applicable mediation provisions to a retail premises were a reference to the premises.
(4) Mediation under this section is not limited to formal mediation procedures. Mediation extends to preliminary assistance in dispute resolution, such as the giving of advice designed to ensure that—
(a) the landlord and the tenant are fully aware of their rights and obligations; and
(b) there is full and open communication between the landlord and the tenant concerning the matter.
(5) In referring a dispute under subregulation (1), the parties must not use mediation to prolong or frustrate reaching an agreement.
(6) In this regulation—
"applicable mediation provisions" means the following provisions under the Retail Leases Act 2003 , to the extent that they apply to the conduct of a mediation—
(a) section 84(2), (3) and (4);
(b) Division 3 of Part 10.