106Arbitration

106 Arbitration (1) This section applies if agreement is not reached in collective negotiations between the Territory and a negotiating agent or negotiating agents in relation to a matter before the end of the negotiating period. (2) Unless resolved by mediation beforehand, the matter must be decided by arbitration. (3) The arbitration must be conducted under the Commercial Arbitration Act 2017 and in accordance with principles and rules determined by the Minister. (4) That Act applies to the arbitration as if the determined principles and rules were an arbitration agreement between the Territory and the negotiating agent or negotiating agents.

(5) The principles and rules— (a) must be determined by the Minister having regard to the objective of improving the efficiency, effectiveness and quality of health services, and other public interest considerations; and (b) must include a requirement that the arbitrator— (i) be a person with experience in determining industrial awards or a barrister with mediation experience; and (ii) have appropriate experience to enable the arbitrator to carry out the arbitrator’s role; and (c) must be fair and reasonable. (6) A determination of principles and rules for arbitration is a notifiable instrument.