Section 124 — Residential Tenancies Act 1986: Chief executive may take or defend proceedings on behalf of any party

124 Chief executive may take or defend proceedings on behalf of any party (1) Subject to subsection (3) of this section, the chief executive may, on being satisfied that there is a cause of action and that it is in the public interest to do so, on behalf of any party to a tenancy agreement do all or any of the following: (a) Defend any civil proceedings brought against that party under this Act: (b) Initiate any such proceedings against any other person: (c) Assume the conduct of any such proceedings already brought by or against that party: (d) Generally take all such steps as may be necessary to enforce or protect the rights of that party in relation to any infringement or suspected infringement of any of those rights under the tenancy agreement or this Act. (2) Without limiting the generality of the provisions of subsection (1) of this section, the chief executive may, on behalf of any tenant, institute proceedings or assume the conduct of proceedings already commenced by the tenant for an order by the Tribunal determining the market rent of the premises. (3) The chief executive shall not exercise the powers conferred by subsection (1) or subsection (2) of this section— (a) Unless the written consent of the party concerned has first been obtained which, once given, shall be irrevocable except with the chief executive's written consent; or (b) Unless— (i) The chief executive determines that it is in the public interest to exercise the power without the party's consent; and (ii) The written consent of the party concerned has not been refused and cannot reasonably be obtained. (4) In relation to any proceedings referred to in subsection (1) or subsection (2) of this section, the following provisions shall apply: (a) The chief executive shall, on behalf of the relevant party, have in all respects the same rights in, and control over, the proceedings, including the right to settle the action or any part of the action, as the party would have in the conduct of the proceedings: (b) The chief executive may, without consulting or seeking the consent of the party, conduct the proceedings in such manner as the chief executive considers to be appropriate and proper: (c) In the case of any proceedings already commenced, the Tribunal or court hearing the matter shall, on the chief executive's application, substitute the chief executive for the party as a party to the proceedings: (d) Any money (excluding costs) recovered by the chief executive shall, without any deduction, be paid by the chief executive to the person on whose behalf the chief executive is acting: (e) If any party to the proceedings alleges another cause of action, or if the party on whose behalf the proceedings are being defended has another cause of action, the Tribunal or Court shall, on the chief executive's application, order that the other cause of action be heard separately and that the party be a party to those other proceedings in his or her own right. (5) Any certificate given by the chief executive in relation to any matter referred to in subsection (1) or subsection (2) or subsection (3) of this section and relating to the chief executive's powers, shall, in the absence of proof to the contrary, be sufficient evidence of the matters referred to in the certificate. (6) Any money that the chief executive becomes liable to pay by virtue of this section shall be paid out of Part B of the Fund. (7) Notwithstanding anything contained in subsection (1) or subsection (2) of this section, the chief executive shall not exercise any power conferred by this section, in relation to a tenancy agreement that has terminated, upon the request or complaint of any person who was a party to the agreement unless the request or complaint is made in writing within a period of 12 months after the termination of the agreement. Subsections (1) to (3) were amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the words “ Director-General ” wherever those words occurred. Subsection (3) was amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive's ” for the words “ Director-General's ” wherever those words occurred. Subsection (3) was substituted, as from 1 May 1996, by section 46(1) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (4) was amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the words “ Director-General ” wherever those words occurred. Subsection (4)(c) and (e) was amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive's ” for the words “ Director-General's ” wherever those words occurred. Subsection (5) was amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the words “ Director-General ” wherever those words occurred. Subsection (5) was amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive's ” for the words “ Director-General's ” wherever those words occurred. Subsections (6), and (7) were amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the words “ Director-General ” wherever those words occurred. Subsection (7) was amended, as from 1 May 1996, by section 46(2) Residential Tenancies Amendment Act 1996 (1996 No 7) by substituting the expression “ 12 months ” for the expression “ 12 weeks ” .