80Arbitration procedure

80 Arbitration procedure

(1) This section applies if the complainant and the respondent agree, in writing, to have a dispute resolved by arbitration conducted in accordance with this Subdivision. Appointment of arbitrator (2) The parties must request the Ombudsman to appoint an arbitrator for the dispute. (3) The parties may request the Ombudsman to appoint a particular arbitrator agreed on by the parties (who may or may not be included in the list kept by the Ombudsman under paragraph 16(a)). (4) The Ombudsman must: (a) appoint an arbitrator within 14 days after receiving the request unless the Ombudsman is satisfied that the complaint giving rise to the dispute: (i) is frivolous or vexatious; or (ii) has previously been the subject of another arbitration; and (b) if the parties have requested the Ombudsman to appoint a particular arbitrator—appoint that arbitrator; and (c) give the parties to the dispute, in writing, details of the arbitrator appointed. Conduct of arbitration (5) Subject to subsection (6), the arbitrator must decide: (a) how the arbitration is to be conducted (for example, by telephone or in meetings, including by means of virtual attendance technology); and (b) the time and place for the arbitration; and (c) the day the arbitration commences for the purposes of this Subdivision. (6) The arbitration must be conducted in Australia. Arbitrator must notify Ombudsman that arbitration has commenced (7) Within 14 days after the arbitration has commenced, the arbitrator must notify the Ombudsman, in writing, that the arbitration has commenced and of the nature of the dispute.

Note: The arbitrator decides under paragraph (5)(c) when an arbitration commences.

Attendance at arbitration (8) Each party to the dispute must attend the arbitration.

Civil penalty: 600 penalty units.

(9) For the purposes of subsection (8), a party is taken to attend an arbitration if the party is represented at the arbitration by a person who has the authority to enter into an agreement to settle the dispute on behalf of the party. Arbitrator must give notice of successful arbitration (10) If the dispute is resolved, the arbitrator must, within 14 days after the dispute is resolved: (a) set out, in writing, the terms of the resolution; and (b) give a copy of the terms to each party to the dispute; and (c) notify the Ombudsman that the dispute has been resolved.