Victorian Numbered Acts

CONSUMER LEGISLATION AMENDMENT ACT 2019 (NO. 47 OF 2019) - SECT 27

After section 51A of the Domestic Building Contracts Act 1995 insert —

        " 51B     Director may pay amounts out of Domestic Building Dispute Resolution Victoria Trust Fund on the recommendation of the chief dispute resolution officer

    (1)     This section applies if—

        (a)     a party to a domestic building work dispute has paid money into the Domestic Building Dispute Resolution Victoria Trust Fund under section 51A(1); and

        (b)     the parties to the domestic building work dispute are unable to agree to give written notice to the Director under section 51A(4).

        (2)     The Director, on the recommendation of the chief dispute resolution officer, may pay some or all of the money out of the Fund.

    (3)     In making a recommendation to the Director under subsection (2), the chief dispute resolution officer must be satisfied that—

        (a)     the conditions for payment of that amount out of the Fund under section 51A(2)(b) have been met; and

        (b)     payment of that amount out of the Fund is appropriate; and

        (c)     failure to pay that amount out of the Fund would be unfair and cause detriment to at least one of the parties to the domestic building work dispute.

    (4)     If the Director proposes to pay money out of the Fund in accordance with subsection (2), the Director must give written notice to the parties to the domestic building work dispute of the intention to pay that amount out of the Fund.

    (5)     A notice under subsection (4) 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 money out of the Fund.".