NSWIn ForceRegulation
Mining Regulation 2016
39EInvestigation by Secretary of complaints about Arbitration Panel arbitrators
Start here
Get a plain-English read of 39E
Turn the raw legal text into a practical explanation grounded in Mining Regulation 2016.
#### 39E Investigation by Secretary of complaints about Arbitration Panel arbitrators
39E Investigation by Secretary of complaints about Arbitration Panel arbitrators
> > (1) For the purposes of section 158B (3) (b) of the Act—
> >
> > > (a) the Secretary must provide notice of a complaint made under section 158B (1) of the Act by a party to an arbitration to—
> > >
> > > > (i) the other party to the arbitration, and
> > >
> > > > (ii) the arbitrator who is the subject of the complaint, and
> >
> > > (b) that notice must include—
> > >
> > > > (i) the name and address of the party making the complaint, and
> > >
> > > > (ii) details about the nature of the complaint, and
> > >
> > > > (iii) details of any evidence provided by the party making the complaint that supports the complaint.
>
> > (2) The Secretary must—
> >
> > > (a) provide an arbitrator the subject of a complaint under section 158B (1) of the Act with a reasonable opportunity to make any submissions about the complaint, and
> >
> > > (b) take any submissions made by the arbitrator into consideration when determining whether to remove the arbitrator under section 158B (1) of the Act.
>
> > (3) Any determination of the Secretary in relation to a complaint against an arbitrator must—
> >
> > > (a) be in writing, and
> >
> > > (b) set out the reasons for the determination made in relation to the complaint, and
> >
> > > (c) be given to the party that made the complaint, and the arbitrator who is the subject of the complaint, as soon as practicable.
>
> **cl 39E:** Ins 2016 (719), Sch 2 \[2\].