Alternative dispute resolutionAlternative dispute resolution

Alternative dispute resolution

5.1 The Commonwealth or a Commonwealth agency is only to start court proceedings if it has considered other methods of dispute resolution (eg alternative dispute resolution or settlement negotiations). 5.2 When participating in alternative dispute resolution, the Commonwealth and Commonwealth agencies are to ensure that their representatives: (a) participate fully and effectively, and (b) subject to paragraph 2 (e) (iv), have authority to settle the matter so as to facilitate appropriate and timely resolution of a dispute.

Appendix C—Handling monetary claims

1 This policy concerns the handling of monetary claims against the Commonwealth or a non‑corporate Commonwealth entity, and monetary claims by the Commonwealth or a non‑corporate Commonwealth entity, other than claims that need to be determined under a legislative mechanism (for example, a Comcare benefit) or under a mechanism provided by contract (for example, an arbitration of a disputed contractual right).

Note: An action to enforce a penalty imposed under Commonwealth legislation is not considered to be a monetary claim for the purposes of Appendix C.