Building Act 2004

The administrator may decide not to undertake dispute resolution in relation to a dispute referred to or lodged with the administrator if 1 or more of the following applies:

the lodging party does not comply with a requirement in the request made under section 127N (3);

the administrator is satisfied the lodging party failed, without reasonable excuse, to take reasonable steps to resolve the dispute before lodgment;

the dispute relates to a security of payment dispute under the Building and Construction Industry (Security of Payment) Act 2009;

the dispute relates to a decision of an authorised insurer or fidelity fund manager under this Act;

the administrator believes on reasonable grounds there is no reasonable likelihood of the dispute being settled by dispute resolution;

the dispute is frivolous, vexatious, or was not made in good faith;

the lodging party has, in writing, withdrawn the dispute;

the dispute has been resolved.

However, the administrator must dismiss a dispute if the dispute is a kind prescribed by regulation as a residential building dispute that must not be resolved by dispute resolution.

If the administrator dismisses a dispute, the administrator must give the lodging party a statement of reasons for the decision.

For what must be included in a statement of reasons, see the Legislation Act, s 179.