56DAMinister may recognise external dispute resolution schemes

56DA Minister may recognise external dispute resolution schemes

Recognising an external dispute resolution scheme

(1) The Minister may, by notifiable instrument, recognise an external dispute resolution scheme for the resolution of disputes:

(a) relating to the operation of the consumer data rules, or this Part, in relation to one or more designated sectors or types of CDR actions; and

(b) involving one or more of the following:

(i) CDR participants for CDR data;

(ii) CDR consumers for CDR data;

(iii) designated gateways for CDR data;

(iiia) CDR action participants;

(iiib) CDR consumers for CDR actions;

(iv) other persons relating to any of those designated sectors or types of CDR actions.

Note 1: The consumer data rules may require internal dispute resolution schemes, see paragraph 56BJ(g).

Note 2: For variation and repeal, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) The Minister may, in the instrument under subsection (1):

(a) specify a period for which the recognition of the external dispute resolution scheme is in force; and

(b) make the recognition of the external dispute resolution scheme subject to specified conditions, including conditions relating to the conduct of an independent review of the operation of the scheme.

Before recognising an external dispute resolution scheme

(3) Before recognising an external dispute resolution scheme under subsection (1), the Minister must consider:

(a) the accessibility of the scheme; and

(b) the independence of the scheme; and

(c) the fairness of the scheme; and

(d) the accountability of the scheme; and

(e) the efficiency of the scheme; and

(f) the effectiveness of the scheme; and

(g) any other matters the Minister considers relevant.

(4) Before recognising an external dispute resolution scheme under subsection (1), the Minister must arrange for the Information Commissioner to be consulted about the scheme.

(5) A failure to comply with subsection (4) does not invalidate an instrument made under subsection (1).