Jimmy, serious work needs to be done by the incoming Minns Dynasty to make NCAT work better. S. 232 is but one of many aspects that needs to be reformed.
Case in point: in March 2021 I asked an OC to rectify common property (s.106). They ignored my request. They subsequently attended mediation 6 mths later, which I applied for, and at mediation they agreed to fix the item within 2 months.
Surprise, surprise, they did not.
NCAT hearing the following March (2022), yes one year ago, required them (s. 232) to attend to the item within 2 months. It’s a year since that NCAT hearing and little has been done by the OC to fix the item. And what was done was not done as stipulated by NCAT.
In order to bring the matter to a reasonable conclusion I had to re-apply to NCAT and pay again a filing fee. The matter is currently underfoot.
From my neck of the woods there is nothing in the way of penalties or sanctions that NCAT can throw at lazy or useless committee members that would encourage them to do their job. No fine, no gaol sentence, no public shaming etc.
Until strata schemes are put on a similar level as businesses when it comes to bad behaviour, dereliction of duties, misappropriation of funds etc, some committee members will do little other than give lip service to their legal obligations by simply attending mediation and NCAT hearings (and saying what they think the mediator or Tribunal Member wants to hear), safe in the knowledge that the worst of all worlds that could possibly befall them is to actually be forced to have to spend time and effort fulfilling their duties.
Perhaps Flat-Chat could inform the incoming Minister for Fair Trading just what needs to be done. Flat-Chat could seek input from its readership as follows:
(a) Solicit (from members) strata issues that members have come across that needs major overhaul in order to work better (in the interest of owners);
(b) Call for suggestions as to upgrading the provisions of the SSM Act;
(c) Request ideas to give mediators some teeth; and
(d) Invite recommendations to improve how both the SSM Act and NCAT Act are applied by NCAT.