Can a body corporate committee rescind a by-law contravention notice issued to a tenant who verbally abused a lot owner?

It’s not entirely clear what has happened here. My reading is that there was an altercation, police were called (did anything happen with the police? Any charges?), and the committee issued a by-law contravention for the verbal altercation. You’re saying the tenant now wants the contravention rescinded, as does at least one committee member.

The committee can decide to rescind the contravention notice and that would be like any other committee decision (i.e., a majority decision). Tenants (‘occupiers’ under Qld strata legislation) do not have a right to submit motions to a committee. However, nothing stops them from requesting the committee do something (e.g., rescind the motion), and the committee can decide what to do next.

That’s the formalities of it. This situation, though, does not seem to be about formalities. I’d be very dubious that a contravention notice will make things better (it will probably make it worse, given what you’ve said). You say the occupier has a history of ‘aggressive behaviour’ and is now claiming they are the ‘victim’. To me, it sounds like there is a fair bit to unpack in those statements alone. What do you mean by ‘aggressive behaviour’ and why would the occupier now say they are the ‘victim’? Maybe it is time to ask those questions and dig deeper into any underlying issues rather than questions about rescinding things.

This is general information only and not legal advice.