131Recognition of external dispute resolution schemes

131 Recognition of external dispute resolution schemes

(1) The Commissioner may, by written notice, recognise an external dispute resolution scheme for: (a) a data scheme entity or a class of data scheme entities; or (b) a specified purpose. (2) In considering whether to recognise an external dispute resolution scheme, the Commissioner: (a) must take the following aspects of the scheme into account: (i) accessibility; (ii) independence; (iii) fairness; (iv) accountability; (v) efficiency; (vi) effectiveness; and (b) may take into account any other matter the Commissioner considers relevant. (3) The Commissioner may: (a) specify a period for which the recognition of an external dispute resolution scheme is in force; and (b) make the recognition of an external dispute resolution scheme subject to specified conditions, including conditions relating to the conduct of an independent review of the operation of the scheme; and (c) vary or revoke: (i) the recognition of an external dispute resolution scheme; or (ii) the period for which the recognition is in force; or (iii) a condition to which the recognition is subject. (4) A notice under subsection (1) is not a legislative instrument.