Page 2270 - Week 07 - Thursday, 16 June 1994

ADDITION, THE TRIBUNAL IS GIVEN POWER TO MAKE SUCH ORDERS AS

ARE NECESSARY TO ENFORCE THE CODE AND A SPECIFIC POWER, WHERE

THE TRIBUNAL IS HEARING A DISPUTE ALLEGING HARSH AND

OPPRESSIVE CONDUCT, TO REOPEN THE RELEVANT LEASE, VARY

PROVISIONS OF THE LEASE, SUBSTITUTE ALTERNATIVE PROVISIONS OR

SET ASIDE THE LEASE.

THE TRIBUNAL IS ALSO ENDOWED WITH POWER TO ENFORCE ITS

ORDERS, INCLUDING ORDERS OF THE PRESIDENT REQUIRING A

WITNESS TO PROVIDE EVIDENCE.

APPEALS AGAINST DECISIONS OF THE TRIBUNAL, ON A QUESTION OF

LAW, MAY BE TAKEN TO THE SUPREME COURT.

WHERE A DISPUTE RELATES TO A MATTER NOT COVERED BY THE CODE,

JURISDICTION TO HEAR SUCH A DISPUTE HAS BEEN TRANSFERRED FROM

THE MAGISTRATES COURT TO THE TRIBUNAL. ACCORDINGLY, THE

TRIBUNAL WILL BE ABLE TO HEAR DISPUTES CONCERNING LEASES

WHICH HAVE BEEN ENTERED INTO BEFORE THE PASSAGE OF THE BILL.

HOWEVER, THE BILL REQUIRES THAT SUCH DISPUTES BE HANDLED IN

ACCORDANCE WITH THE MEDIATION PROCESS WHICH I HAVE OUTLINED.

IT SHOULD BE NOTED THAT SOME PROVISIONS OF THE BILL MAY

REQUIRE AMENDMENT, PRIOR TO CONSIDERATION OF THE BILL BY THE

ASSEMBLY, ARISING OUT OF CHANGES TO THE CODE, OR SUGGESTED

CHANGES TO THE BILL, FOLLOWING THE CONSULTATION PROCESS I

HAVE OUTLINED.

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