Residential Tenancies Act 1987

The Commissioner may decline to decide an application if the Commissioner —

considers the application cannot be decided on the information available to the Commissioner; or

is aware that another dispute relating to the residential tenancy agreement is before the Magistrates Court; or

for a security bond release application —

does not have current contact details for 1 or more of the parties to the application; or

considers the amount in dispute is more than the amount of the security bond;

otherwise considers it is appropriate in all of the circumstances to refer the application to the Magistrates Court.

If the Commissioner declines to decide an application, the Commissioner must give each party to the application a notice that states —

the Commissioner declines to decide the application; and

the Commissioner’s reasons for declining; and

that the party may apply to the Magistrates Court under section 15(1A) for relief in relation to the matter the subject of the application.