39EInvestigation by Secretary of complaints about Arbitration Panel arbitrators

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].