• Self resolution
  • Knowing your rights and responsibilities
  • Keeping records
  • Communicating
  • Support and assistance
  • Self Resolution Checklist
• The Dispute Resolution Service
  • Matters not suitable for conciliation
  • Applying for dispute resolution
  • Preparing documents for conciliation
  • The role of the conciliator
  • Preparing for conciliation
• Handling tenancy disputes in the Small Claims Tribunal
  • Introduction
  • Options for resolving disputes
  • Role of the Small Claims Tribunal
  • Applying to a Small Claims Tribunal
  • The hearing
  • After the hearing

Matters not suitable for conciliation

There may be times when the Residential Tenancies Authority (RTA) may decide not to provide a conciliation service to parties involved in a dispute. This can occur if the RTA considers the dispute is unsuitable for conciliation.

If the RTA decides not to conciliate a matter, a notice of unresolved dispute will be issued. This will allow a party to apply to the tribunal to have the matter determined.

Guidelines for deciding whether a matter is unsuitable for conciliation.

The conciliator assigned to the case will determine whether the dispute is suitable for conciliation. It will be dependent upon the facts and circumstances of the case and the conciliator will make an appropriate level of enquiry to gain relevant information before making a decision.

The conciliator may take some of the following factors into account when deciding whether the matter is unsuitable for conciliation. The list is not intended to be exhaustive:

• If the matter is an 'urgent application' as defined under the Residential Tenancies and Rooming Accommodation Act 2008. These applications may proceed straight to the tribunal without conciliation.
• If the dispute involves a claim for more than the amount of the bond held by the RTA. These disputes are generally unlikely to be resolved by conciliation and are more appropriately resolved by the tribunal.
• If a party seeks dispute resolution after a bond has been paid out in accordance with the legislation.
• If the dispute involves a claim for more than $7,500. This is because the tribunal has no jurisdiction to deal with disputes above this amount and the matter must be determined by the court with the appropriate monetary jurisdiction.
• If the dispute involves a matter of law needing determination by the tribunal or a court.
• Whether there are any other current legal proceedings in relation to the tenancy (which may include a criminal or a civil matter such as a personal injury claim).
• If there are issues or factors likely to impact on a fair and equitable outcome for the parties, or that prevent a 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.
• If the dispute is solely about the provision of a food service or a personal care service to a resident under a rooming accommodation agreement.
• If the matter involves a dispute for what is considered a relatively minor or trivial matter and the parties are unwilling to initiate a conciliation process.
• If one or both parties have been unable to be contacted by the RTA to initiate a conciliation process.
• If one or both parties is not negotiable, or unwilling to participate in conciliation, or is wishing to proceed directly to the tribunal.