When a matter is unsuitable for conciliation, the RTA will issue a Notice of unresolved dispute and the matter may be taken to QCAT.
Factors that may make a matter unsuitable for conciliation:
- Urgent applications which go directly to QCAT without conciliation.
- Claim exceeds bond amount held by the RTA.
- Claim is for more than $25,000 (must be determined by the court with the appropriate monetary jurisdiction, not QCAT).
- A person seeks dispute resolution after a bond has been paid out (according to the law).
- The dispute involves a legal matter that needs to be determined by QCAT or a court.
- Any other current legal proceedings relating to the tenancy (e.g. 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 everyone involved, or prevent people from engaging in the process. This may occur if someone:
- is unable to negotiate because of physical, intellectual or psychological incapacity, or
- lacks the skills or information to negotiate
- 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 rooming accommodation agreement tenant.
- A dispute for relatively minor or trivial matters and people are unwilling to engage in a conciliation process.
- One or both of the people involved in the dispute have been unable to be contacted by the RTA to initiate a conciliation process.
- One or both of the people involved in the dispute are not negotiable, or unwilling to participate in conciliation, or are wishing to proceed directly to QCAT.
- The dispute is between co-tenants and does not relate to the bond.