Owner Drivers and Forestry Contractors Act 2005
35Referral of disputes for alternative dispute resolution
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35 Referral of disputes for alternative dispute resolution
S. 35(1) amended by No. 16/2017 s. 49(1).
(1) A contractor or a hirer (or both) may refer a dispute to the Small Business Commission for alternative dispute resolution.
S. 35(2) amended by No. 16/2017 s. 49(1).
(2) The referral must be accompanied by the application fee (if any) set by the Small Business Commission, which must not be more than the maximum fee (if any) prescribed by the regulations.
Note to s. 35(2) substituted by No. 16/2017 s. 49(2).
Note
The parties may ask the Commission for preliminary assistance before referring the dispute (see section 34).
S. 35(3) amended by No. 16/2017 s. 49(3).
(3) The Commission must arrange for each dispute referred in accordance with this section to be the subject of—
(a) mediation by a mediator; or
S. 35(3)(ab) inserted by No. 33/2019 s. 22(1).
(ab) arbitration by an arbitrator; or
(b) another appropriate form of alternative dispute resolution by a suitably qualified person.
S. 35(4) inserted by No. 33/2019 s. 22(2).
(4) If the parties to alternative dispute resolution agree, the Commission may arrange for the dispute to be the subject of a different form of alternative dispute resolution.
Example
The parties to a dispute that is the subject of mediation may agree to the dispute being arbitrated, in which case the Commission may make the necessary arrangements accordingly.