Page 2268 - Week 07 - Thursday, 16 June 1994

THE INCLUSION OF SUCH PROVISION IN THE BILL IS TO ENABLE RELIEF TO

BE GRANTED BY THE TRIBUNAL IN CIRCUMSTANCES WHICH WOULD NOT

SATISFY THE TRADITIONAL TEST OF UNCONSCIONABILITY (WHEN A

WEAKER PARTY IN A POSITION OF SPECIAL DISABILITY IS TAKEN

ADVANTAGE OF BY A STRONGER PARTY WHO KNOWS ABOUT THE

DISABILITY) BUT WHICH, NONETHELESS, PRODUCE A HARSH AND

OPPRESSIVE OUTCOME, THAT IS, AN OUTCOME WHICH RESULTS IN A

REAL DETRIMENT TO THE PERSON WHO IS THE OBJECT OF THE CONDUCT.

THE BILL ENABLES THE REFERRAL OF A DISPUTE ABOUT A LEASE TO

THE REGISTRAR OF THE TRIBUNAL. THE REGISTRAR WILL BE ABLE TO

FACILITATE RESOLUTION OF THE DISPUTE, INFORMALLY, PRIOR TO THE

COMMENCEMENT OF ANY MEDIATION PROCESS.

THIS IS AN IMPORTANT FEATURE OF THE LEGISLATION, WHICH IT IS

ANTICIPATED WILL KEEP COSTS DOWN. THIS TYPE OF INFORMAL

MEDIATION IS SOMETHING WHICH, I AM ADVISED, IS VERY SUCCESSFUL

ELSEWHERE. IN QUEENSLAND, IN PARTICULAR, IT HAS RESULTED IN

ALL BUT 80 OUT OF THE 2000 DISPUTES REFERRED TO THE REGISTRAR

EACH YEAR BEING RESOLVED BEFORE FORMAL MEDIATION EVEN GETS

UNDERWAY.

IF INFORMAL RESOLUTION OF A DISPUTE IS NOT POSSIBLE, THE

REGISTRAR MAY, GENERALLY, REFER THE DISPUTE TO AN APPROVED

MEDIATOR, HEAR THE DISPUTE HIMSELF OR HERSELF OR REFER THE

DISPUTE DIRECTLY TO THE TRIBUNAL. IN DETERMINING WHICH OF

THESE OPTIONS IS CHOSEN IT IS INTENDED THAT THE REGISTRAR

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