52Investigations by the Code Mediator—vexatious complaints etc.

52 Investigations by the Code Mediator—vexatious complaints etc.

(1) If, after investigating the complaint, the Code Mediator decides that the complaint is vexatious, trivial, misconceived or lacking in substance, the Code Mediator must give the supplier written notice setting out: (a) a statement to that effect; and (b) the Code Mediator’s reasons for making that decision; and (c) that the supplier may take further action in relation to the matter under: (i) Subdivision B (independent review by the Code Supervisor); or (ii) Subdivision C (mediation or arbitration). (2) However, the Code Mediator must not decide that a complaint relating to: (a) section 20 (unilateral variation of agreement); or (b) section 21 (retrospective variation of agreement); is vexatious, trivial, misconceived or lacking in substance only because the supplier’s only ground in relation to the complaint is detriment to the supplier. (3) The Code Mediator must give the large grocery business a copy of the notice. However, the Code Mediator must first redact from the copy any information that is reasonably capable of being used to identify the supplier, unless the supplier has expressly consented to their identity being disclosed to the large grocery business.