Where a matter is unsuitable for conciliation, a Notice of unresolved dispute will be issued which will allow an application to be made to the Tribunal for a decision about a dispute.

Some of the following factors may be taken into account by the RTA when deciding whether the matter is unsuitable for conciliation:

• Urgent applications: may proceed directly to the Tribunal without conciliation.
• A claim for more than the amount of the bond held by the RTA.
• A claim for more than $25,000. This matter must be determined by the court with the appropriate monetary jurisdiction, not the Tribunal.
• A party seeks dispute resolution after a bond has been paid out in accordance with the legislation.
• The dispute involves a matter of law needing determination by the Tribunal or a court.
• Any other current legal proceedings in relation to the tenancy (for example, a criminal or a civil matter such as a personal injury claim).
• There are issues or factors likely to impact on a fair and equitable outcome for the parties, or that prevent party from engaging in the process. This may occur if a party:
  • is unable to negotiate because of physical, intellectual or psychological incapacity, or
  • lacks the skills or information to negotiate and
  • there is no suitable support person or advocate available
• The dispute is solely about the provision of a food service or a personal care service to a resident under a rooming accommodation agreement.
• A dispute for what is considered a relatively minor or trivial matter and the parties are unwilling to engage in a conciliation process.
• One or both parties have been unable to be contacted by the RTA to initiate a conciliation process.
• One or both parties is not negotiable, or unwilling to participate in conciliation, or is wishing to proceed directly to the Tribunal.