63Code Supervisor’s discretion to conduct an independent review

63 Code Supervisor’s discretion to conduct an independent review

(1) The Code Supervisor must consider the review request and decide within 10 business days of receiving the review request: (a) to conduct an independent review of the Code Mediator’s process (including its complaints handling procedure) for dealing with the original complaint; or (b) not to conduct such a review.

Note: Such a review is of a Code Mediator’s process for dealing with a complaint. It is not a review of the complaint itself or the merits of a proposed remedy, but could result in a recommendation for the Code Mediator to reconsider the complaint (see subsection 64(5)).

Deciding not to conduct an independent review (2) Without limiting the Code Supervisor’s discretion under subsection (1), circumstances in which the Code Supervisor might decide not to conduct such an independent review include the following: (a) if the supplier agreed to a proposed remedy for dealing with the original complaint; (b) if the Code Supervisor is satisfied that the review request is vexatious, trivial, misconceived or lacking in substance; (c) if the Code Supervisor considers that the review request does not relate to the Code Mediator’s process for dealing with the original complaint. (3) If the Code Supervisor decides not to conduct the independent review, the Code Supervisor must notify the supplier and the Code Mediator. The notice must: (a) be in writing; and (b) set out the Code Supervisor’s reasons for deciding not to conduct the independent review.