99Referral of disputes to the regulator

99 Referral of disputes to the regulator

(1) Either party, or both parties, to a driver agreement, or a person proposing to enter into a driver agreement, may refer to the regulator a dispute concerning a condition of the agreement or proposed agreement.

(2) As soon as practicable after a dispute is referred to the regulator under subsection (1), the regulator must make an assessment of the nature of the dispute.

(3) After having made an assessment, the regulator must decide whether—

(a) to provide preliminary assistance in resolving the dispute; or

(b) for a dispute concerning a condition of an agreement, to take action to enforce compliance with the agreement; or

(c) if there are different aspects to the dispute, to act under both paragraphs (a) and (b).

(4) The regulator must notify the Minister in writing about the dispute if the regulator—

(a) considers that the dispute may raise an issue of important public policy; and

(b) has decided not to take action to enforce compliance with the agreement under subsection (3).

(5) Preliminary assistance that may be provided by the regulator includes the giving of advice to ensure that—

(a) the parties are fully aware of their rights and obligations; and

(b) there is full and open communication between the parties concerning the matter.

(6) A statement or admission made in the course of the provision by the regulator of preliminary assistance is not admissible in proceedings before VCAT under Subdivision 5 or in any other legal proceedings.

S. 100 inserted by No. 63/2017 s. 18.