Retail Leases Act 2022

As soon as practicable after an application for mediation is made to the Director under section 76(1), the Director must – accept the application; or refuse to accept the application.

If the Director accepts an application for mediation under subsection (1)(a), the Director must, as soon as practicable after that application is accepted – nominate a mediator to mediate the retail tenancy dispute; and give written notice to the parties to the retail tenancy dispute setting out – the mediator nominated to mediate the dispute; and the time, date and place of the mediation conference to be conducted by the mediator; and a brief description of the nature of the application.

A mediation conference date must be at least 7 days after the written notice is given in accordance with subsection (2)(b).

The Director may refuse to accept an application under subsection (1)(b) only if the Director is satisfied that – the party to the retail lease that is making the application has not reasonably attempted to resolve the retail tenancy dispute; or the application does not contain relevant grounds for the retail tenancy dispute; or the application is frivolous or vexatious.

A person who is aggrieved by a decision made by the Director under subsection (4) may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.