47Dealing with complaints in accordance with internal complaint handling procedure

47 Dealing with complaints in accordance with internal complaint handling procedure

(1) The procedure set out in this section applies if a party to a milk supply agreement (the complainant) wishes to have a complaint in relation to a matter arising under or in connection with the agreement dealt with in accordance with the complaint handling procedure provided in the agreement. (2) The complainant must notify the other party to the agreement (the respondent), in writing, of the following: (a) the nature of the complaint; (b) that the complainant wishes the complaint to be dealt with in accordance with the complaint handling procedure provided in the milk supply agreement; (c) the outcome the complainant wants. (3) Within 5 working days after receiving notice of the complaint under subsection (2), the respondent must give a written acknowledgement to the complainant stating: (a) that notice of the complaint has been received; and (b) the steps to be taken to deal with the complaint. (4) The complainant and the respondent must attempt to resolve the complaint in accordance with the complaint handling procedure provided in the milk supply agreement before taking action to resolve the complaint by mediation or arbitration. (5) If the complaint is not resolved in accordance with the complaint handling procedure provided in the milk supply agreement within 60 days after the acknowledgement was given to the complainant under subsection (3): (a) either party may take action to have the complaint resolved by mediation; or (b) the parties to the agreement may agree that the complaint is to be resolved by arbitration. (6) The complainant may, at any time, withdraw the complaint by notice in writing to the respondent.