16Determination for appropriate dispute resolution

16 Determination for appropriate dispute resolution

(1) The Commission may determine that a referral be dealt with through an appropriate dispute resolution process that—

(a) includes the following parties—

(i) an affected person;

(ii) the person who is the subject of the referral;

(iii) any other person that the Commission considers appropriate; and

(b) does not require any payment by a party to participate in the process; and

(c) does not involve arbitration.

(2) Without limiting subsection (1), the Commission may determine that a referral be dealt with through an appropriate dispute resolution process—

(a) at any time before, during or after conducting an investigation in relation to the referral; or

(b) as an alternative to conducting an investigation in relation to the referral.

(3) The Commission must not make a determination under subsection (1) if the referral is a disclosure that the IBAC has determined to be a public interest complaint.

See section 26 of the Public Interest Disclosures Act 2012.

(4) Subject to subsection (5), if the Commission makes a determination under subsection (1), the Commission must—

(a) ensure that the appropriate dispute resolution process takes place as soon as practicable; and

(b) provide reasonable assistance to the parties during the process.

(5) An appropriate dispute resolution process must not take place without the agreement of all parties, including agreement to the format and location of the process.