Residential Tenancies Amendment Act 2010

60 New sections 86 and 87 substituted

• Sections 86 and 87 are repealed and the following sections substituted:

  “86 Filing of applications

  • “(1) Proceedings before the Tribunal are commenced by filing an application in the approved form, with any prescribed fee, at the appropriate office of the Tribunal.

    “(2) Before the chief executive approves a proposed form for the purposes of subsection (1), the chief executive must consult with the Principal Tenancy Adjudicator about the proposed form.

    “(3) The chief executive must determine the appropriate office of the Tribunal for the purposes of subsection (1) by specifying geographical areas for which each office is responsible.

    “(4) The chief executive may from time to time vary or replace a determination described in subsection (3).

    “(5) The chief executive must publish every determination under subsection (3) and every variation or replacement under subsection (4) in the Gazette and on the Internet.

  “87 Duties of chief executive on receipt of application

  • “(1) When an application is filed in accordance with section 86, the chief executive may refer it to a Tenancy Mediator unless, in terms of any regulations made under this Act or of any directions given by the Principal Tenancy Adjudicator, the application is of a class that is to be referred directly to the Tribunal, in which case the chief executive must refer the application to the Registrar.

    “(2) Despite subsection (1), if either party informs the chief executive that that party refuses to have the matter considered by a Tenancy Mediator, the chief executive must refer the application to the Registrar.”